Medical Malpractice Compensation

Medical errors are among the most frequent causes of injury and death in the United States. People who have been injured by a medical professional may be entitled to compensation that is substantial.

Economic damages, also called special damages, are used to cover the financial losses of a victim. They include future and past medical expenses, income loss, and many more.

Economic Damages

Economic damages pay for the financial costs associated with the injury, for example medical care that has already been paid for and future medical malpractice attorneys care that is required. They can also include lost wages if your injuries stop you from working, medical malpractice and other financial losses documented.

Non-economic damages are harder to quantify and less tangible. These damages may include physical discomfort and pain as well as a decline in the quality of life or emotional stress. Your lawyer can assist you prove these losses using expert financial analysts and witness testimony. Other evidence such as medical records and documentation will also be considered, including medical records.

The earliest known case of medical malpractice was Stratton the case of Stratton v. Swanlond in 1374, that established the foundations of breach of duty between a physician and the patient. It also was the first medical malpractice lawsuit to award damages to the plaintiff.

A victim could be entitled to damages for survival that cover the period of time from the time the incident occurred up until the time of death. These damages can cover medical expenses and income loss as well as non-economic damages like mental trauma, disfigurement or loss of enjoyment living.

Other damages may be available If a doctor fails to diagnose your condition or performs unnecessary procedures. If your doctor's erroneous actions are particularly grave, such as when they perform unnecessary surgeries for profit or for personal sexual pleasure, punitive damages can be awarded.

A court can also award compensation for alternative treatment required but not due to medical negligence. This could have included a less risky surgical procedure or a different course of treatment that could have potentially prevented your injuries.

Medical Malpractice Caps

As the number of malpractice cases increased, several states enacted legislation to limit the amount of damages that can be awarded in malpractice cases. These limits reduce how much you can collect from a judge if your claim is deemed to be excessive or unreasonable.

The majority of states place caps on general and special damages, but some states limit only the amount of non-economic damages that can receive compensation for. Whatever the amount of caps, you'll need to provide strong and compelling evidence to support your medical malpractice claim.

Contact us to set up an appointment if you've been the victim of medical malpractice. Our knowledgeable lawyers can help you determine the value of your case and help you pursue a fair settlement or verdict. We will defend your rights if your case goes to court. Contact us at our San Diego or Phoenix offices or use our online form. We handle all kinds of medical malpractice cases throughout the United States. Our firm is committed to ensuring that clients receive the most appropriate compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We are able to travel to clients in their homes or offices.