Medical Malpractice Compensation
medical malpractice lawsuits errors are among the main causes of injury and death in the United States. Those who have suffered harm by a medical professional may be entitled to a substantial amount of compensation.
Economic damages, or special damages, address the financial losses of a victim. They cover past and future medical expenses, lost income and more.
Economic Damages
Economic damages compensate you for any financial loss that is incurred due to your injury. This includes medical costs already paid and future treatment required. You can also seek economic damages for lost wages if the injuries hinder you from working.
Non-economic damages, also called general damages, are less tangible and are more difficult to quantify in terms of a dollar. They could include physical suffering and pain as well as a decrease in your quality of life, or your emotional distress. Your lawyer will assist you show these losses through testimony from witnesses and expert financial analysts and other evidence, like medical records and documentation of your injuries.
Stratton v. Swanlond, a case from 1374, which established the basis of medical malpractice and was a breach of obligation between a doctor and a patient. It was also the first lawsuit in medical malpractice to award damages to the plaintiff.
Surviving damages are available to victims for the period following the incident until their death. These damages can include medical expenses and income loss as well as non-economic damages such as mental anguish, disfigurement or loss of enjoyment living.
Other damages could be available If a doctor fails to diagnose your condition or performs ineffective procedures. If the doctor's actions are particularly grave, such as when they perform unnecessary surgeries for profit or for their own sexual pleasure, punitive damages may be awarded.
A court may also award compensation for alternative treatment that was required in the absence of 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 lawsuits was increasing, a lot of states enacted legislation to limit damages in malpractice cases. These limits limit the amount of you can collect from a juror if your claim is deemed to be excessive or unreasonable.
Most states limit both general and special damages. However, some places limit only non-economic damages. Whatever the number of caps, you'll need to provide solid and convincing evidence in order to win your medical malpractice claim.
If you have been a victim of
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