Medical Malpractice Compensation
Medical errors are the most frequent cause of death and injury in the United States. Those who have suffered harm from a healthcare professional could be entitled to substantial compensation.
Economic damages, also called special damages, cover the financial losses of a victim. These include past and future medical expenses, lost income and many more.
Economic Damages
Economic damages pay for the financial costs associated with the injury, for example medical care that has already been paid for and any future care that is needed. You may also be able to seek economic damages for lost wages if the injuries make it impossible to work.
Non-economic losses are more difficult to quantify and are more abstract. They could be a result of physical suffering and pain as well as a decrease in your quality of life or your emotional stress. Your lawyer can help prove your losses using witness testimony experts, financial analysts who are experts, and other evidence such as medical records and documentation of your injuries.
Stratton in v. Swanlond, a case from 1374, which established the basis of medical malpractice, was a breach of obligation between a physician and a patient. It was also the first medical malpractice
lawsuit to award damages to a plaintiff.
Surviving damages are available to victims during the period after the malpractice until their death. These damages may include medical expenses and lost income and non-economic damages such as mental distress, disfigurement, or loss of enjoyment living.
Other damages may be available in the event that a doctor mistakes in diagnosing or performing unnecessary procedures. The court may award punitive damages when the negligence of your doctor is especially egregious. For example when they perform a non-essential procedures to earn money or for their sexual pleasure.
A court can also award compensation for alternative treatment that was required in the absence of medical negligence. This could include a surgical procedure or alternative course of treatment that could have prevented your injuries.
Medical Malpractice Caps
As the number of malpractice lawsuits increased, several states passed laws that limit the amount of damages that can be awarded in malpractice cases. Limits on damages limit the amount of money you can receive from a jury when your claim is judged to be excessive or unreasonable.
Most states cap both general and
lawsuit special damages. However, some places limit only damages that are not economic. You will still need to provide strong and convincing evidence to be successful in your
medical malpractice claim regardless of the amount of caps.
If you've been a victim of medical malpractice, contact us anytime to schedule an appointment for a no-cost consultation. Our skilled lawyers can help you assess the value of your claim, and help you to pursue a fair verdict or settlement. If your case goes to trial, we will defend your rights in the courtroom. Call our offices in San Diego and Phoenix, or submit the online form to get started. We handle all types medical malpractice cases in the United States. Our firm is committed 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 are able to travel to meet clients at a location that is suitable for them.