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Medical errors are the most frequent cause of death and injury in the United States. Those who have been harmed by a medical professional may be entitled for a substantial amount of compensation.
Economic damages, also called special damages, are used to cover the financial losses suffered by the victim. This includes past and future medical expenses loss of income, and other.
Economic Damages
Economic damages compensate you for any financial losses that result from your injury. This includes medical services that you have already paid for as well as future care required. You can also claim economic damages for the loss of wages, if injuries make it impossible to work.
Non-economic damages are more difficult to quantify and less tangible. They could include physical suffering and pain or a decline in your quality of life, or emotional distress. Your lawyer can help you to prove these losses with testimony from witnesses, expert financial analysts, and other evidence, such as medical documents and records of your injuries.
The earliest known case of medical malpractice was Stratton V. Swanlond in 1374, that established the foundations of breach of duty between a physician and the patient. It was also the first case of medical malpractice to decide to award damages to a victim.
Surviving damages are available to victims for the time period from the time of the accident until their death. These damages may include the cost of medical treatment and loss of income and non-economic damages like mental anguish, disfigurement or loss of enjoyment living.
Other damages are possible if a doctor misdiagnoses your condition or performs unneeded procedures. If the doctor's actions are particularly grave like when they perform unnecessary surgery to make profit or for their own sexual pleasure, punitive damages may be awarded.
A court can also award compensation for any alternative treatment required but not due to medical negligence. This might have included a less risky surgical procedure or a different course of treatment that could have potentially prevented your injuries.
Medical Malpractice Caps
As the number of malpractice lawsuits increased, many states passed legislation that caps the amount of damages in malpractice cases. Limits on damages limit the amount of you can collect from a judge if your claim is deemed excessive or unreasonable.
Most states cap both general and special damages. However, some states only limit non-economic damages. It is still necessary to be able to prove your case convincingly and with conviction to win your medical malpractice case regardless of the amount of caps.
If you've been the victim of medical malpractice, call us at any time to arrange an initial consultation for free. Our experienced lawyers can help you determine the value of your case and help to negotiate a fair settlement, or a favorable verdict. We will fight for your rights in the event that your case goes to the court. Contact us at our San Diego or Phoenix offices or fill out our online form. We handle all types medical malpractice cases in the United States. Our firm is dedicated to helping clients receive the maximum compensation for their injuries. We represent victims of malpractice in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to our clients at their homes or offices.
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