Medical Malpractice Compensation

Medical errors are a major cause of injury and deaths in the United States. People who have suffered harm from a healthcare professional may be entitled to compensation that is substantial.

Economic damages, or special damages, compensate for the financial losses incurred by a victim. These include past and foreseeable medical expenses, lost income and many more.

Economic Damages

Economic damages pay for any financial loss that is incurred due to your injury. This includes medical services already paid and future care needed. They may also cover lost wages if your injuries prevent you from working, and other financial losses that are documented.

Non-economic damages are more difficult to quantify and are not as tangible. These damages may include physical discomfort and pain as well as a decline in the quality of life, or emotional stress. Your lawyer will help you prove your losses using testimony from witnesses, Medical Malpractice Lawsuit expert financial analysts, and other evidence, including medical documents and evidence of your injuries.

The first case to be cited for medical malpractice was Stratton in 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 the plaintiff.

A victim may be entitled to a survival award that cover the period that follows the time when the error occurred up until the time of death. These damages can cover the cost of medical treatment and loss of income as well as non-economic damages such as mental anguish, disfigurement or loss of enjoyment living.

Other damages may be available If a doctor fails to diagnose your condition or performs ineffective procedures. Punitive damages are possible when the negligence of your doctor is especially egregious. For example that they have performed an unnecessary surgery to make money or for sexual pleasure.

In addition to the financial compensation mentioned earlier the court may also provide compensation for the cost of any alternative treatment that might be required if not for the medical negligence. This could have included a less invasive surgical procedure or a different type of treatment that could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice claims increased, a number of states enacted legislation to limit the amount of damages in malpractice cases. Limits on damages limit the amount of money you can get from a juror if your claim is deemed excessive or medical malpractice lawsuit unreasonable.

Most states set caps on general and specific damages, but some states limit only the amount of non-economic damages you can claim compensation for. It is still necessary to prove your case with a strong and convincing argument to be successful in your medical malpractice claim regardless of the amount of caps.

Contact us to schedule a consultation if you have been the victim of medical malpractice. Our knowledgeable lawyers will help you determine the worth of your claim and assist you in pursuing an equitable settlement or verdict. We will defend your rights in the event that your case goes to the court. Contact us at our San Diego or 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 helping clients receive maximum amount of compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can visit clients office or homes.