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Medical Malpractice Compensation

Medical errors are among the leading causes of injuries and death in the United States. Anyone who has suffered harm from a health care provider could be entitled for a substantial amount of compensation.

Economic damages, also referred as special damages, are a way to cover the financial losses incurred by a victim. This includes past and future medical expenses in addition to lost income and other.

Economic Damages

Economic damages are a way to cover the financial burdens associated with the injury, for example medical services that have already been paid for and the future treatment that is necessary. You can also claim economic damages for lost wages, if your injuries prevent working.

Non-economic damages are more difficult to quantify and are more abstract. They could include physical suffering or a decline in your quality of life, or your emotional stress. Your lawyer will assist you demonstrate these losses by using witness testimony, expert financial analysts, and other evidence such as medical documents and evidence of your injuries.

The earliest documented case of medical malpractice was Stratton V. Swanlond in 1374, which established the foundation of breach of duty between a doctor and the patient. It was also the first medical malpractice lawsuits malpractice lawsuit to award damages to the plaintiff.

A victim may be entitled to survival damages which cover the duration of time from the time the incident occurred up until the time of death. These damages could include the cost of medical treatment and loss of income and non-economic damages like mental trauma, disfigurement or loss of enjoyment of living.

Other damages could be available in the event that a doctor does not diagnose the problem or performs an unnecessary procedure. In addition, punitive damages may be awarded when the negligence of your doctor is especially egregious. For example, if they perform unnecessary surgery to make money or for sexual pleasure.

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

Medical Malpractice Caps

As the number of malpractice claims increased, many states enacted legislation to limit the amount of damages that can be awarded in malpractice cases. Limits on damages limit the amount of money you can get from a jury when your claim is judged to be excessive or unreasonable.

Most states set caps on both general and specific damages, but some states limit only the amount of non-economic damages that can be compensated for. Regardless of the amount of caps, you'll need to provide solid and convincing evidence to win your medical malpractice claim.

Contact us today to schedule a consultation if you have been the victim of medical malpractice. Our knowledgeable lawyers can help you determine the worth of your case and help you negotiate a fair settlement, or a favorable verdict. We will protect your rights if your case is taken to court. Contact us at our San Diego or Phoenix offices, or complete the online form. We handle all kinds of medical malpractice cases across the United States. Our firm is committed to ensuring that clients receive the highest compensation for their injuries. We represent victims of medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We can travel to our clients in their homes or offices.