Medical Malpractice Compensation

Medical errors are one of the leading causes of injuries and death in the United States. Patients who have been injured by a healthcare professional may be entitled to a substantial amount of compensation.

Economic damages, also known as special damages, pay for the financial loss of a victim. This includes future and past medical costs, lost income and more.

Economic Damages

Economic damages compensate you for any financial losses associated with your injury. This includes medical bills already paid and future treatment needed. They can also include lost earnings if the injuries keep you from working, and other financial losses that are documented.

Non-economic damages, also called general damages, are less tangible and are more difficult to quantify in a dollar amount. These damages may include physical discomfort and pain, a reduction in quality of life, or emotional distress. Your lawyer can help show these losses through witness testimony experts, financial analysts who are experts, and other evidence, like medical documents and evidence of your injuries.

The first case to be cited for buffalo medical malpractice lawsuit malpractice was Stratton v. Swanlond in 1374, which laid the foundation for breach of duty between a doctor and the patient. It was also the first case of newark medical malpractice lawyer malpractice to award damages to the victim.

Surviving damages are available to victims for the time period after the malpractice until their death. These damages may include medical expenses and lost income, in addition to non-economic damages like mental anguish and loss of enjoyment life, or disfigurement.

Other damages may be available when a doctor is unable to diagnose your condition or performs unnecessary procedures. The court may award punitive damages when a doctor's negligence is particularly grave. For example the case of a doctor who performs an unnecessary procedures to earn money or for their sexual pleasure.

A court can also award compensation for any alternative treatment that is required but for medical negligence. This could include a more conservative surgical procedure or a different course of treatment that could have prevented your injuries.

Medical Caps for Malpractice

As the number of malpractice claims increased, several states passed legislation that caps the amount of damages in malpractice cases. These limits reduce how much money you could receive from a judge if your claim is deemed to be excessive or unreasonable.

Most states put caps on both general and special damages, however certain states limit only to the amount of non-economic damages that can be compensated for. Whatever the number of caps, you will need to present compelling and solid evidence to be able to win your medical malpractice claim.

If you've been the victim of medical malpractice, please contact us at any time to arrange an appointment free of charge. Our experienced lawyers can help you determine the value of your claim, and help you negotiate a fair settlement or a verdict. If your case goes to trial, we'll fight for your rights in court. Contact our offices in San Diego and Phoenix, or submit the online form to get started. We handle all types of medical malpractice cases in the United States. Our firm is dedicated to ensuring that clients receive the most appropriate compensation for their injuries. We represent victims of medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We are able to travel to meet clients at a place that is suitable for them.