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Medical Malpractice Compensation

Medical errors are among the leading causes of injury and death in the United States. Those who have suffered harm due to a medical professional may be entitled to compensation that is substantial.

Economic damages, also called special damages, compensate for the financial losses suffered by the victim. This includes future and past medical costs as well as lost income, among other.

Economic Damages

Economic damages reimburse you for any financial costs associated with your injury, like medical expenses that have already been paid for and any future care that is needed. You may also be able to claim economic damages for lost wages if the injuries prevent working.

Non-economic losses, often called general damages, are less tangible and are harder to quantify in a dollar amount. They could include physical suffering or a decline in your quality of life or your emotional distress. Your lawyer can help to prove these losses with witness testimony and expert financial analysts and other evidence such as medical documents and evidence of your injuries.

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

A victim could be entitled to a survival award that cover the period of time after the malpractice occurred until the time of death. These damages may include medical expenses and income loss in addition to non-economic damages such as mental anguish, disfigurement, or loss of enjoyment of living.

Other damages may be available if a doctor misdiagnoses your condition or performs ineffective procedures. If your doctor's negligent actions are particularly bad, such as when they perform unnecessary surgeries for profit or for personal sexual pleasure, punitive damages may be awarded.

In addition to the financial awards mentioned above, a court may make a payment for the cost of any alternative treatment that might have been required but for the medical negligence. This could have included a more conservative surgical procedure, or a different course of treatment that could have potentially prevented your injuries.

Medical Caps for Malpractice

As the number of malpractice claims increased, many states enacted legislation to limit damages in malpractice cases. Limits on damages limit the amount you could receive from an arbitrator if your claim is judged to be excessive or unreasonable.

Most states have caps on general and special damages. However, some places limit only the amount of non-economic damages that can receive compensation for. You still have to present convincing and convincing evidence to win your medical malpractice case regardless of the amount of caps.

Contact us for a consultation if you have been the victim of medical malpractice. Our experienced lawyers can help you determine the worth of your claim, and help to negotiate an equitable settlement or verdict. We will fight for your rights in the event that your case goes to the 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 helping clients receive maximum compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can meet clients at a location that is convenient for them.