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Medical Malpractice Compensation

Medical errors are among the most frequent causes of injury and death in the United States. Patients who have suffered injury due to a medical professional could be entitled for a substantial amount of compensation.

Economic damages, also called special damages, are used to cover the financial losses incurred by a victim. These include past and future medical expenses, income loss, and many more.

Economic Damages

Economic damages cover any financial losses that result from your injury. This includes medical bills already paid for and future medical care required. They may also cover lost wages if your injuries stop you from working, as well as other financial losses that are documented.

Non-economic damages, commonly called general damages, are not as tangible and are more difficult to quantify in terms of a dollar. These damages may include physical pain and discomfort as well as a decline in the quality of life, or emotional distress. Your lawyer can help demonstrate these losses by using testimony from witnesses and expert financial analysts and other evidence, including medical documents and evidence of your injuries.

The first case to be cited for medical malpractice was Stratton in v. Swanlond in 1374, which established the foundation of breach of duty between a doctor and the patient. It also was the first medical malpractice lawsuit to award damages to plaintiffs.

A victim could be entitled to survival damages that cover the length that follows the time when the error occurred up until death. These damages could include medical expenses and income loss as well as non-economic damages like mental trauma, disfigurement or loss of enjoyment living.

Other damages may be available when a doctor is unable to diagnose your condition or performs unneeded procedures. If your doctor's erroneous actions are particularly egregious for example, when they perform unnecessary surgery to make profit or for personal sexual pleasure, punitive damages can be awarded.

A court may also award compensation for any alternative treatment that was required however due to medical negligence. This could include a more conservative surgical procedure or a different type of treatment which could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice cases increased, many states enacted legislation to limit the amount of damages in malpractice cases. Limits on damages limit the amount of you can collect from a jury when your claim is deemed excessive or unreasonable.

The majority of states limit general and special damages. However, some states only restrict non-economic damages. No matter the amount of caps, you'll need to present strong and compelling evidence to be able to win your medical malpractice law firm malpractice claim.

Contact us to set up an appointment if you've been the victim of medical malpractice. Our experienced lawyers can help you assess the value of your claim and help to negotiate an equitable settlement or verdict. We'll defend your rights in the event that your case is taken to court. Contact our offices in San Diego and Phoenix, or submit the online form to start the process. We handle all kinds of medical malpractice cases throughout the United States. Our firm is committed to ensuring that clients receive the most appropriate compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We can visit clients at their homes or offices.