Medical Malpractice Compensation

Medical errors are one of the main causes of injury and death in the United States. Patients who have been injured by a medical professional could be entitled to substantial compensation.

Economic damages, also called special damages, address the financial losses suffered by the victim. They include future and past medical malpractice lawsuit expenses, lost income and many more.

Economic Damages

Economic damages reimburse you for the financial costs associated with your injury, medical malpractice including medical expenses that have already been paid for and any the future treatment that is necessary. You may also seek economic damages for lost wages, if your injuries hinder you from working.

Non-economic damages, often referred to as general damages, are not as tangible and harder to quantify in terms of a dollar. They could be a result of physical suffering as well as a decrease in your quality of life, or your emotional stress. Your lawyer will assist you to prove these losses with witness testimony, expert financial analysts, and other evidence, including medical documents and evidence of your injuries.

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

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

Other damages are possible in the event that a physician is unable to diagnose or performs unnecessary procedures. Punitive damages can be awarded if your doctor's negligence is particularly severe. For instance that they have performed an unnecessary procedures to earn money or for sexual pleasure.

A court can also award compensation for any alternative treatment that was needed but for medical negligence. This might include a less invasive surgical procedure or a different type of treatment that could have potentially prevented your injuries.

Medical Malpractice Caps

Concerns about fraud-related malpractice claims increased as more states passed laws imposing caps on damages in malpractice cases. These limits limit the amount of money you could receive from a judge if your claim is deemed to be excessive or unreasonable.

Most states have caps on general and special damages. However, some states limit only damages that are not economic. No matter the amount of caps, you will have to prove strong and convincing evidence in order to win your medical malpractice claim.

Contact us to schedule an appointment if you've been victimized by medical malpractice. Our skilled lawyers will assist you determine the worth of your claim, and assist you in obtaining a fair verdict or settlement. If your case is taken to trial, we will fight for your rights in the courtroom. Contact us at our San Diego or Phoenix offices or fill out the online form. We handle all types medical malpractice cases in the United States. Our firm is dedicated to helping clients receive the maximum amount of compensation for their injuries. We represent victims of malpractice in California Arizona Washington Oregon Illinois Texas and Tennessee. We are able to travel to clients in their homes or offices.