Medical Malpractice Compensation

Medical errors are the most frequent cause of death and injury in the United States. Anyone who has been injured by a health care provider could be entitled to a substantial amount of compensation.

Economic damages, or special damages, are used to cover the financial losses suffered by the victim. These include past and foreseeable medical malpractice attorneys expenses, income loss, and more.

Economic Damages

Economic damages pay for the financial costs associated with your injury, such as medical expenses that have already been paid for and any the future treatment that is necessary. You can also claim economic damages for lost earnings, if your injuries make it difficult to work.

Non-economic damage is harder to quantify and are more abstract. They could be a result of physical pain and suffering as well as a decrease in your quality of life, or your emotional distress. Your lawyer can help you demonstrate these losses by using testimony from witnesses as well as expert financial analysts and other evidence, including medical documents and records of your injuries.

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

A victim may be entitled to a survival award, which cover the period of time from the time the incident occurred, up to the time of death. These damages can cover medical expenses and lost income as well as non-economic damages like mental distress, disfigurement, or loss of enjoyment of living.

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 egregious. For instance the case of a doctor who performs an unnecessary surgery to make money or to satisfy their sexual pleasure.

In addition to the monetary awards mentioned above, a court can give compensation for the cost of any alternative treatment that would be required if not because of the medical malpractice law firms negligence. This could have included a conservative surgical procedure or alternative course of treatment which could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice lawsuits increased, many states passed legislation that caps damages in malpractice cases. Limits limit the amount you can collect from a jury when your claim is deemed to be excessive or unreasonable.

The majority of states limit general and special damages. However, some states only restrict non-economic damages. Regardless of the amount of caps, you'll need to present strong and compelling evidence in order to win your medical malpractice claim.

Contact us to set up an appointment if you've been the victim of medical malpractice. Our knowledgeable lawyers will help you determine the worth of your case, and assist you in obtaining a fair verdict or settlement. If your case goes to trial, we will defend your rights in court. Contact us at our San Diego or Phoenix offices, or complete the online form. We handle all types of medical malpractice cases throughout the United States. Our firm is committed to ensuring that clients receive the maximum amount of compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can meet clients at a location that is convenient for them.