Medical Malpractice Compensation

Medical errors are among the leading causes of injuries and death in the United States. People who have suffered harm due to a medical professional could be entitled to substantial compensation.

Economic damages, also referred to as special damages, compensate a victim's financial losses. These include past and foreseeable medical expenses, income loss, and many more.

Economic Damages

Economic damages pay for the financial costs associated with the injury, for example medical expenses that have already been paid for and future care that is necessary. They may also cover lost wages if your injuries stop you from working, as well as other financial losses documented.

Non-economic losses are more difficult to quantify and are less tangible. These damages could include physical pain and discomfort and a loss in quality of life, or emotional stress. Your lawyer can help you demonstrate these losses by using witness testimony experts, financial analysts who are experts, and other evidence, including medical documents and records of your injuries.

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

A victim could be entitled to survival damages which cover the duration of time after the malpractice was discovered up to the point of the time of death. These damages could include the cost of medical treatment and loss of income and non-economic damages like mental anguish, disfigurement or loss of enjoyment of living.

Other damages can be awarded in the event that a physician mistakes in diagnosing or performing unnecessary procedures. If the actions of your doctor are particularly egregious, such as when they perform unnecessary surgery for profit or for personal sexual pleasure, punitive damages could be awarded.

In addition to the financial settlements mentioned above, a court may give compensation for the cost of any alternative treatment that might have been needed but because of the medical negligence. This could include a more conservative surgical procedure or a different type of treatment that could have prevented your injuries.

ontario medical malpractice law firm malpractice attorney (vimeo.com published an article) Malpractice Caps

Concerns about fraudulent malpractice claims grew as more states passed laws that impose caps on damages in malpractice cases. These limits limit the amount of money you can get from a juror if your claim is deemed to be excessive or unreasonable.

Most states set caps on general and special damages, however some places limit only the amount of non-economic damages you can claim compensation for. It is still necessary to provide strong and convincing evidence to be successful in your medical malpractice claim, regardless of the amount of caps.

Contact us to schedule a consultation if you have been victimized by medical negligence. Our skilled lawyers will assist you determine the worth of your claim, and assist you in pursuing an equitable settlement or verdict. We'll defend your rights if your case is taken to court. Contact us at our San Diego or ontario medical malpractice attorney Phoenix offices or fill out the online form. We handle all types of medical malpractice cases throughout the United States. Our firm is dedicated to ensuring that clients receive the most compensation they can for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We are able to travel to meet clients at a location that is most convenient for them.