Medical Malpractice Compensation

Medical errors are the most frequent cause of injuries and deaths in the United States. Patients who have been injured by a healthcare professional could be entitled to a substantial amount of compensation.

Economic damages, also referred as special damages, compensate the financial losses of a victim. This can include future and past medical costs, lost income and more.

Economic Damages

Economic damages pay for any financial costs associated with the injury, for example medical care that has already been paid for and any future care that is needed. You may also be able to claim economic damages for lost wages, if injuries make it difficult to work.

Non-economic losses are more difficult to quantify and are more abstract. They can include physical suffering as well as a decrease in your quality of life, or emotional distress. Your lawyer can help to prove your losses using experts financial analysts and witness testimony. Other evidence, such as medical records and other documentation can be utilized, as well as medical records.

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

A victim could be entitled to compensation for the duration of their life that cover the period of time from the time the incident was discovered up to the point of death. These damages may include medical costs and lost income, as well as non-economic damages, such as mental distress and loss of enjoyment life, or disfigurement.

Other damages may be available if a doctor misdiagnoses your condition or performs unneeded procedures. In addition, punitive damages may be awarded in the event that your doctor's error is especially egregious. For instance the case of a doctor who performs an unnecessary surgery to make money or for their sexual pleasure.

In addition to the financial award mentioned above the court may also give compensation for the cost of any alternative treatment that might have been required but due to the medical negligence. This might include a less invasive surgical procedure or a different course of treatment that could have prevented your injuries.

Medical Malpractice Caps

As concerns about fraud-related malpractice claims increased, many states passed laws that put limits on damages in malpractice cases. Limits limit the amount you can collect from a jury if your claim is judged to be excessive or medical malpractice unreasonable.

Most states put caps on both general and special damages, however some places limit only the amount of non-economic damages that can receive compensation for. Whatever the amount of caps, you will require strong and compelling evidence to be able to win your medical malpractice case.

Contact us to schedule a consultation if you have been the victim of medical malpractice. Our experienced lawyers can assist you determine the worth of your claim and help you negotiate a fair settlement or a verdict. If your case goes to trial, we'll defend your rights in the courtroom. Contact our offices in San Diego and Phoenix, or submit the online form to begin. We handle all kinds of medical malpractice cases across the United States. Our firm is committed to assisting clients in obtaining maximum compensation 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 convenient for them.