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Medical Malpractice Compensation

Medical errors are one of the main causes of injury and death in the United States. Those who have been harmed by a health professional may be entitled to substantial compensation.

Economic damages, also known as special damages, cover the financial loss of a victim. They cover past and future medical expenses, lost income, and more.

Economic Damages

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

Non-economic losses, often referred to as general damages, are not as tangible and are more difficult to quantify in terms of dollar value. These damages may include physical pain and discomfort and a loss in quality of life, or emotional distress. Your lawyer can help you prove your losses using witness testimony and expert financial analysts and other evidence, including medical documents and evidence of your injuries.

The earliest known case of medical malpractice was Stratton in v. Swanlond in 1374, which established the foundation of breach of duty between a physician and the patient. It also was the first medical malpractice lawsuit to award damages to the plaintiff.

Surviving damages are available to victims during the that follows the malpractice up to their death. These damages can cover medical malpractice lawyer expenses and lost income as well as non-economic damages such as mental trauma, disfigurement or loss of enjoyment living.

Other damages are possible in the event that a doctor does not diagnose the problem or performs an unnecessary procedure. If your doctor's negligent actions are particularly bad for example, when they perform unnecessary surgery to make profit or for their own sexual pleasure, punitive damages can be awarded.

A court may also award compensation for alternative treatment that was needed but not due to medical negligence. This could have included a less invasive surgical procedure or a different method of treatment which could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice cases increased, several states enacted legislation to limit the amount of damages that can be awarded in malpractice cases. These limits limit the amount you can get from a jury if your claim is deemed to be excessive or unreasonable.

The majority of states limit general and special damages. However, some states only restrict non-economic damages. Whatever the number of caps, you will require compelling and solid evidence to support your medical malpractice case.

Contact us for a consultation if you have been the victim of medical malpractice. Our experienced lawyers can assist you assess the value of your claim and assist to negotiate a fair settlement, or a favorable verdict. We will fight for your rights in the event that your case goes to the court. Contact us at our San Diego or Phoenix offices or fill out our online form. We handle all types of medical malpractice cases throughout the United States. Our firm is committed to assisting clients in obtaining maximum compensation for their injuries. We represent victims of malpractice in California Arizona Washington Oregon Illinois Texas and Tennessee. We can meet clients at a place that is comfortable for them.