Medical Malpractice Compensation

Medical errors are a major cause of injury and deaths in the United States. Anyone who has been injured by a healthcare professional could be entitled to compensation that is substantial.

Economic damages, also called special damages, cover the financial losses incurred by a victim. They include future and past medical expenses, lost income, and more.

Economic Damages

Economic damages cover any financial expenses incurred due to your injury, such as medical care that has already been paid for, as well as future medical care that is required. They can also include lost earnings if injuries prevent you from working, and other financial losses that are documented.

Non-economic damage is harder to quantify and are not as tangible. They could be a result of physical pain and suffering as well as a decrease in your quality of life, or emotional distress. Your lawyer can help demonstrate these losses by using expert financial analysts and witness testimony. Other evidence like medical records and other documents can also be considered, including medical records.

The earliest documented 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 a patient. It was also the first medical malpractice lawsuit to award damages to a plaintiff.

A victim could be entitled to damages for survival that cover the period of time after the malpractice occurred up until death. These damages can comprise medical expenses and lost income, as well as non-economic damages such as mental anguish loss of enjoyment of life, Medical malpractice or disfigurement.

Other damages are possible in the event that a physician misdiagnoses your condition or medical malpractice performs ineffective procedures. If the actions of your doctor are particularly grave or if they perform unnecessary surgeries for profit or for personal sexual pleasure, punitive damages may be awarded.

In addition to the monetary awards mentioned above the court may also provide compensation for the cost of any alternative treatment that would have been needed but 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 cases increased, many states passed legislation that limits the amount of damages in malpractice cases. Limits on damages limit the amount of money you could receive from a judge if your claim is judged to be excessive or unreasonable.

Most states cap both general and special damages. However, some places only restrict damages that are not economic. Whatever the amount of caps, you will need to provide strong and compelling evidence in order to win your medical malpractice case.

Contact us today to schedule a consultation if you have been the victim of medical malpractice. Our experienced lawyers can help you determine the worth of your case and help to negotiate a fair settlement, or a favorable verdict. We will defend your rights if your case is taken to court. Call our offices in San Diego and Phoenix, or fill out the form online to start the process. We handle all types of medical malpractice cases throughout the United States. Our firm is committed to ensuring that clients receive the maximum compensation possible for their injuries. We represent patients injured by medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We can travel to meet clients at a location that is convenient for them.