Medical Malpractice Compensation

Medical errors are among the main causes of injury and death in the United States. Anyone who has been injured by a health care provider could be entitled for a substantial amount of compensation.

Economic damages, also called special damages, cover the financial losses incurred by a victim. This covers past and future medical costs in addition to lost income and other.

Economic Damages

Economic damages pay for any financial losses that result from your injury. This includes medical malpractice lawsuits services already paid and future care required. They may also cover lost earnings if injuries prevent you from working, as well as other financial losses documented.

Non-economic damages are more difficult to quantify and less tangible. They can include physical suffering and pain as well as a decrease in your quality of life, or your emotional distress. Your lawyer can assist you to prove your losses using experts financial analysts and witness testimony. Other evidence such as medical records and documents will also be considered, including medical records.

The earliest known case of medical malpractice was Stratton in v. Swanlond in 1374, which laid the foundation for breach of duty between a doctor and the patient. It also was the first medical malpractice lawsuit to award damages to the plaintiff.

Surviving damages are available to victims for the period following the incident until their death. These damages can include medical expenses and lost income as well as non-economic damages like mental distress, disfigurement, or loss of enjoyment of living.

Other damages may be available If a doctor fails to diagnose your condition or performs unneeded procedures. Punitive damages are possible when a doctor's negligence is especially egregious. For example when they perform a non-essential surgery to make money or for sexual pleasure.

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

Medical Malpractice Caps

As the number of malpractice cases increased, several states passed legislation that limits the amount of damages that can be awarded in malpractice cases. These limits reduce how much money you can get from a jury if your claim is judged to be excessive or unreasonable.

Most states set caps on general and special damages, however certain states limit only to the amount of non-economic damages you can be compensated for. No matter the amount of caps, you'll need to provide solid and convincing evidence in order to win your medical malpractice claim.

If you've been the victim of medical negligence, contact us at any time to arrange a free consultation. Our experienced lawyers can assist you assess the value of your claim, and help to negotiate a fair settlement, or a favorable verdict. If your case goes to trial, we will defend your rights in court. Contact us at our San Diego or Phoenix offices or use our online form. We handle all types of medical malpractice cases throughout the United States. Our firm is dedicated to helping clients receive most appropriate compensation for their injuries. We represent victims of medical negligence in California, medical malpractice lawsuit Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can travel to meet clients at a location that is convenient for them.