Medical Malpractice Compensation

Medical errors are among the leading causes of injury and death in the United States. Those who have been harmed by a health care provider may be entitled to substantial compensation.

Economic damages, also referred as special damages, compensate the financial loss of a victim. These include past and foreseeable medical expenses, lost income and many more.

Economic Damages

Economic damages are a way to compensate you for any financial loss that is incurred due to your injury. This includes medical bills that you have already paid for as well as future care needed. You may also claim economic damages for the loss of earnings, if your injuries make it impossible to work.

Non-economic damages are more difficult to quantify and are less tangible. These damages could include physical pain and discomfort or a decrease in the quality of life, or emotional distress. Your lawyer will help you to prove these losses with testimony from witnesses as well as expert financial analysts and other evidence, such as medical documents and records of your injuries.

Stratton v. Swanlond, a case from 1374 that established the foundation of medical malpractice, was a breach of duty between a doctor as well as a patient. It was also the first case of medical malpractice to give damages to a victim.

A victim may be entitled to survival damages that cover the period of time from the time the incident occurred until the time of death. These damages can cover medical expenses and lost income as well as non-economic damages like mental distress, disfigurement, or loss of enjoyment of living.

Other damages could be available if a doctor misdiagnoses your condition or performs unnecessary procedures. If your doctor's negligent actions are particularly bad or if they perform unnecessary surgery to make profit or for their own sexual enjoyment, punitive damages might be awarded.

In addition to the financial award mentioned above the court may also award compensation for the cost of any alternative treatment that would be needed if it weren't for the medical negligence. This could have included a more conservative surgical procedure or a different course of treatment that could have prevented your injuries.

Medical Caps for Malpractice

As the number of malpractice lawsuits was increasing, a lot of states passed legislation that limits the amount of damages in malpractice cases. Limits on damages limit the amount of money you can be awarded by jurors if your case is considered to be excessive or unreasonable.

Most states have caps on both general and special damages, but certain states limit only the amount of non-economic damages that can be compensated for. Whatever the amount of caps, you will require solid and convincing evidence to support your medical malpractice attorneys malpractice claim.

If you've been a victim of medical malpractice, contact us anytime to set up an appointment free of charge. Our experienced lawyers can help you determine the worth of your claim and help to negotiate an equitable settlement or verdict. We will protect 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 kinds of Medical malpractice law Firms malpractice cases throughout the United States. Our firm is dedicated to helping clients receive the maximum compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can meet clients at a location that is suitable for them.