Medical Malpractice Compensation

Medical errors are a leading cause of deaths and injuries in the United States. Those who have been harmed by a health care provider could be entitled for a substantial amount of compensation.

Economic damages, also called special damages, compensate for the financial losses of a victim. They include future and past medical expenses, income loss, and more.

Economic Damages

Economic damages are a way to cover any financial expenses incurred due to the injury, for example medical services that have already been paid and the future treatment that is necessary. You may also claim economic damages for lost wages if the injuries make it difficult to work.

Non-economic damages, often called general damages, are less tangible and are harder to quantify in terms of a dollar. These damages could include physical pain and discomfort and a loss in quality of life, or emotional stress. Your lawyer can help you to prove your losses using experts financial analysts and witness testimony. Other evidence, such as medical records and documentation will also be used, including medical records.

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

Surviving damages are available to victims for the period after the malpractice until their death. These damages could include the cost of medical treatment and loss of income as well as noneconomic 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 unnecessary procedures. If the actions of your doctor are particularly severe or if they perform unnecessary surgeries for profit or for personal sexual pleasure, punitive damages could be awarded.

A court may also award compensation for alternative treatment required in the absence of medical negligence. This could include a surgical procedure or a different type of treatment that could have prevented your injuries.

Medical Malpractice Caps

As concerns about fraud-related malpractice claims increased as more states passed laws that place limits on damages for malpractice cases. These limits limit the amount of money you could receive from a juror if your claim is judged to be excessive or unreasonable.

The majority of states limit general and special damages. However, some places only restrict damages that are not economic. It is still necessary to be able to prove your case convincingly and with conviction to be successful in your medical malpractice claim, regardless of the amount of caps.

If you have been a victim of medical malpractice, contact us at any time to schedule an initial consultation for free. Our knowledgeable lawyers will help you determine the merits of your claim and assist you in obtaining an appropriate settlement or verdict. We will protect your rights if your case is taken to the court. Contact us at our San Diego or Phoenix offices or fill out our online form. We handle all types of medical malpractice attorneys malpractice cases throughout the United States. Our firm is dedicated to helping clients receive maximum compensation for their injuries. We represent patients injured by medical malpractice lawsuits malpractice in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We are able to travel to meet clients at a location that is comfortable for them.