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Medical errors are a major cause of injuries and deaths in the United States. Patients who have been injured by a health care provider may be entitled to a substantial amount of compensation.
Economic damages, or special damages, compensate for the financial losses incurred by a victim. These include past and foreseeable medical expenses, lost income, and more.
Economic Damages
Economic damages cover any financial losses resulting from your injury. This includes medical expenses already paid and future care needed. They can also include lost earnings if the injuries keep you from working, and other financial losses that have been documented.
Non-economic damages are harder to quantify and are not as tangible. These damages can include physical pain and discomfort, a reduction in quality of life, or emotional stress. Your lawyer will assist you prove your losses using witness testimony as well as expert financial analysts and other evidence, Medical Malpractice such as medical documents and records of your injuries.
The earliest known case of medical malpractice was Stratton the case of Stratton v. Swanlond in 1374, that established the foundations of breach of duty between a doctor and the patient. It also was the first medical malpractice lawsuit to award damages to plaintiffs.
Surviving damages are available to victims for the time period from the time of the accident until their death. These damages could include medical malpractice attorney expenses and lost income, in addition to non-economic damages such as mental anguish loss of enjoyment of life, or disfigurement.
Other damages may be available in the event that a physician misdiagnoses or performs unnecessary procedures. If the doctor's actions are particularly grave for example, when they perform unnecessary surgery to make profit or for their own sexual enjoyment, punitive damages might be awarded.
In addition to the financial award mentioned above A court may also award compensation for the cost of any alternative treatment that might have been required but for the medical negligence. This could include a more conservative surgical procedure or a different course of treatment that could have prevented your injuries.
Medical Malpractice Caps
As the number of malpractice cases increased, a number of states passed legislation that limits the amount of damages that can be awarded in malpractice cases. These limits reduce how much you can collect from a jury when the claim is deemed excessive or unreasonable.
Most states put caps on both general and special damages, however some states limit only the amount of non-economic damages that can receive compensation for. Whatever the number of caps, you'll need to present compelling and solid evidence to win your medical malpractice case.
Contact us to set up a consultation if you have been the victim of medical malpractice. Our skilled lawyers will assist you assess the value of your case, and assist you in pursuing a fair verdict or settlement. We'll defend your rights in the event that your case is taken to court. Call our offices in San Diego and Phoenix, or fill out the form online to get started. We handle all types of medical malpractice attorneys malpractice cases across the United States. Our firm is dedicated to helping clients receive the most appropriate compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can visit clients office or homes.
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