Medical Malpractice Compensation

Medical errors are among the leading causes of injury and death in the United States. Patients who have suffered injury from a health care provider could be entitled to a substantial amount of compensation.

Economic damages, or special damages, address the financial losses incurred by a victim. These include past and future medical expenses, lost income and many more.

Economic Damages

Economic damages reimburse you for firm the financial burdens associated with the injury, for example medical services that have already been paid for, as well as the future treatment that is necessary. You can also seek economic damages for lost earnings, if your injuries hinder you from working.

Non-economic damages are harder to quantify and are not as tangible. They could include physical suffering and pain and a decrease in your quality of life or your emotional stress. Your lawyer can assist you to prove your losses using experts financial analysts and witness testimony. Other evidence, such as medical records and documentation will be utilized, as well as medical records.

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

Surviving damages are available to victims during the period after the malpractice until their death. These damages could include medical expenses and lost income and non-economic damages such as mental distress, disfigurement, or loss of enjoyment of living.

Other damages can be awarded in the event that a physician is unable to diagnose or performs unnecessary procedures. Punitive damages are possible when the negligence of your doctor is especially egregious. For example, if they perform unnecessary surgery to make money or for sexual pleasure.

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

Medical Caps for Malpractice

Concerns about fraud-related malpractice claims increased several states passed laws that place limitations on damages in malpractice cases. Limits limit the amount money you can receive from a juror if the claim is deemed excessive or unreasonable.

The majority of states place caps on general and specific damages, but some places limit only the amount of non-economic damages that can claim compensation for. You still have to provide strong and convincing evidence to win your medical malpractice case regardless of the amount of caps.

If you have been a victim of medical malpractice attorney malpractice, please contact us anytime to set up an initial consultation for free. Our skilled lawyers can help you determine the value of your claim and help to negotiate a fair settlement, or a favorable verdict. We will fight for your rights if your case is taken to the court. Contact our offices in San Diego and Phoenix, or complete the online form to begin. We handle all types of medical malpractice cases throughout the United States. Our firm is dedicated to ensuring that clients receive the maximum compensation possible for their injuries. We represent victims of medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can travel to meet clients at a place that is suitable for them.