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Medical Malpractice Compensation

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

Economic damages, also known as special damages, are a way to cover the financial losses of a victim. This includes past and future medical expenses, lost income and more.

Economic Damages

Economic damages are a way to cover any financial costs associated with your injury, including medical care that has already been paid for, as well as future medical malpractice lawsuits care that is required. They can also include lost wages if your injuries stop you from working, and other financial losses that have been documented.

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

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

Surviving damages are available to victims for the time period following the incident until their death. These damages could include medical expenses and income loss and non-economic damages like mental distress, disfigurement, or loss of enjoyment living.

Other damages could be available in the event that a doctor is unable to diagnose or performs unnecessary procedures. If the actions of your doctor are particularly egregious or if they perform unnecessary surgeries for profit or for their own sexual enjoyment, punitive damages might be awarded.

In addition to the financial awards mentioned above the court may also award compensation for the cost of any alternative treatment that might be needed if it weren't because of the medical negligence. This might have included a more conservative surgical procedure or another course of treatment that could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice lawsuits increased, a number of states enacted legislation to limit damages in malpractice cases. These limits reduce how much money you can receive from a jury if the claim is deemed excessive or unreasonable.

Most states have caps on both general and specific damages, but certain states limit only to the amount of non-economic damages you can be compensated for. Regardless of the amount of caps, you'll need to present strong and convincing evidence to win your medical malpractice claim.

If you have been a victim of medical malpractice, please contact us anytime to schedule a free consultation. Our experienced lawyers can help you determine the value of your claim and assist you negotiate a fair settlement or verdict. If your case is taken to trial, we will fight for your rights in court. Contact us at our San Diego or Phoenix offices or use our online form. We handle all types of medical malpractice lawsuits malpractice cases across the United States. Our firm is dedicated to assisting clients in obtaining maximum compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to meet clients at a location that is convenient for them.