Medical Malpractice Compensation

Medical errors are one of the main causes of injury and death in the United States. People who have been injured by a health professional may be entitled for 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, income loss, and more.

Economic Damages

Economic damages are a way to compensate you for any financial losses resulting from your injury. This includes medical expenses already paid and future care needed. They can also include lost wages if your injuries prevent you from working, as well as other documented financial losses.

Non-economic damages, commonly referred to as general damages, are less tangible and are more difficult to quantify in terms of a dollar. They may include your physical pain and suffering as well as a decrease in your quality of life or your emotional stress. Your lawyer will help you show these losses through testimony from witnesses experts, financial analysts who are experts, and other evidence such as medical malpractice lawsuit documents and evidence of your injuries.

Stratton in v. Swanlond, a case from 1374 that established the basis of medical malpractice which was a breach in obligation between a physician and a patient. It was also the first medical malpractice lawsuit to award damages to the plaintiff.

A victim may be entitled to a survival award, which cover the period of time from the time the incident occurred, up to death. These damages may include medical costs and lost income, as well as non-economic damages like mental distress loss of enjoyment of life or disfigurement.

Other damages could be available If a doctor fails to diagnose your condition or performs unnecessary procedures. In addition, punitive damages may be awarded when a doctor's negligence is particularly egregious. For instance the case of a doctor who performs an unnecessary procedures to earn money or for their sexual pleasure.

In addition to the monetary award mentioned above, a court can award compensation for the cost of any alternative treatment that might have been required but due to medical negligence. This could have included a less invasive surgical procedure or a different type of treatment that could have prevented your injuries.

Medical Caps for Malpractice

As the number of malpractice cases was increasing, a lot of states passed legislation that limits the amount of damages in malpractice cases. These limits limit the amount of money you could receive from a judge if the claim is deemed excessive or unreasonable.

Most states cap both general and special damages. However, some places only limit non-economic damages. Whatever the amount of caps, you'll need to provide compelling and solid evidence to be able to win your medical malpractice claim.

Contact us today to schedule an appointment if you've been victimized by medical negligence. Our knowledgeable lawyers can help you determine the value of your claim and help you negotiate a fair settlement, medical malpractice lawsuit or a favorable verdict. If your case is taken to trial, we will fight for your rights in court. Call our offices in San Diego and Phoenix, or complete the online form to get started. We handle all kinds of medical malpractice cases throughout the United States. Our firm is dedicated to helping clients receive most compensation they can for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to meet clients at a location that is convenient for them.