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Medical errors are one of the main causes of injury and death in the United States. Those who have suffered harm from a health care provider may be entitled to compensation that is substantial.
Economic damages, also known as special damages, lawyers compensate the financial loss of a victim. This includes future and past medical expenses as well as lost income, among other.
Economic Damages
Economic damages pay for any financial losses associated with your injury. This includes medical costs already paid for and future medical care needed. They may also cover lost earnings if injuries prevent you from working, and other financial losses that are documented.
Non-economic damages are harder to quantify and are less tangible. These damages may include physical pain and discomfort as well as a decline in the quality of life or emotional stress. Your lawyer will help you prove your losses using witness testimony, expert financial analysts, and other evidence such as medical records and documentation of your injuries.
Stratton V. Swanlond, a case from 1374 that established the foundation of medical malpractice attorney malpractice and was a breach of duty between a doctor and the patient. It was also the first lawsuit involving medical malpractice to award damages to plaintiffs.
A victim could be entitled to damages for survival that cover the period that follows the time when the error occurred up until the time of death. These damages may include medical expenses and lawyers lost income, as well as non-economic damages such as mental distress loss of enjoyment of life, or disfigurement.
Other damages are possible in the event that a doctor misdiagnoses or performs unnecessary procedures. If the actions of your doctor are particularly egregious, such as when they perform unnecessary surgery to make profit or for their own sexual enjoyment, punitive damages might be awarded.
A court may also award compensation for alternative treatment that was needed but for medical negligence. This could include a more conservative surgical procedure or alternative course of treatment which could have prevented your injuries.
Medical Malpractice Caps
As the number of fraudulent malpractice claims grew several states passed laws that put limitations on damages in malpractice cases. Limits on damages limit the amount of money you could receive from a juror if the claim is deemed excessive or unreasonable.
The majority of states place caps on general and special damages, but certain states limit only the amount of non-economic damages you can be compensated for. Whatever the number of caps, you'll need to present strong and convincing evidence in order to win your medical malpractice case.
Contact us to schedule a consultation if you have been the victim of medical malpractice lawyer malpractice. Our experienced lawyers can help you determine the worth of your claim, and help you negotiate an equitable settlement or verdict. We'll defend your rights in the event that your case is taken to court. Contact us at our San Diego or Phoenix offices or fill out the online form. We handle all types of medical malpractice cases throughout the United States. Our firm is committed to ensuring that clients receive most compensation they can for their injuries. We represent patients injured by medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We are able to travel to clients at their homes or offices.
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