Medical Malpractice Compensation

Medical errors are the most frequent cause of death and injury in the United States. Patients who have suffered injury from a health care provider could be entitled for a substantial amount of compensation.

Economic damages, also known as special damages, compensate the financial loss of a victim. This can include future and past medical costs, lost income and more.

Economic Damages

Economic damages cover any financial losses associated with your injury. This includes medical bills already paid and future care required. You may also seek economic damages for lost earnings, if your injuries prevent working.

Non-economic losses, often referred to as general damages, are not as tangible and difficult to quantify in a dollar amount. They can include physical suffering and pain or a decline in your quality of life or emotional distress. Your lawyer will help you demonstrate these losses by using witness testimony as well as expert financial analysts and other evidence, including medical documents and records of your injuries.

The first case to be cited for 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 case of medical malpractice to decide to award damages to a victim.

A victim could be entitled to survival damages, which cover the period of time from the time the incident occurred, up to the time of death. These damages may comprise medical malpractice lawsuit expenses and lost income, in addition to non-economic damages like mental distress or Medical loss of enjoyment life or disfigurement.

Other damages may be available when a doctor is unable to diagnose your condition or performs unneeded procedures. If your doctor's erroneous actions are particularly egregious like when they perform unnecessary surgery to make profit or for personal sexual pleasure, punitive damages could be awarded.

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

Medical Malpractice Caps

Concerns about fraudulent malpractice claims grew several states passed laws that impose limits on damages for malpractice cases. These limits reduce the amount of money you can be awarded by a jury if your claim is deemed to be excessive or unreasonable.

Most states cap both general and special damages. However, some states have a limit on non-economic damages. 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 malpractice. Our experienced lawyers will help you assess the value of your claim and assist you in obtaining a fair verdict or settlement. We will defend your rights in the event that your case is taken to the court. Contact us at our San Diego or Phoenix offices, or complete the online form. We handle all types medical malpractice cases in the United States. Our firm is dedicated to helping clients receive most appropriate compensation for their injuries. We represent victims of malpractice in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to our clients at their homes or offices.