Medical Malpractice Compensation
Medical errors are one of the main causes of injury and death in the United States. People who have been injured by a health professional may be entitled for a substantial amount of compensation.
Economic damages, or special damages, address the financial losses suffered by the victim. They cover past and future
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Economic Damages
Economic damages compensate you for any financial losses resulting from your injury. This includes medical bills already paid and future treatment required. They can also include lost wages if your injuries stop you from working, as well as other financial losses that have been documented.
Non-economic losses, often called general damages, are less tangible and harder to quantify in a dollar amount. These damages can include physical pain and discomfort as well as a decline in the quality of life, or emotional distress. Your lawyer can help you to prove these losses with testimony from witnesses experts, financial analysts who are experts, and other evidence, such as medical documents and records of your injuries.
Stratton V. Swanlond, a case from 1374, which established the basis of medical malpractice, was a breach of duty between a doctor and a patient. It was also the first medical malpractice lawsuit to award damages to the plaintiff.
A victim may be entitled to damages for survival which cover the duration of time from the time the incident occurred, up to death. These damages can include the cost of medical treatment and loss of income in addition to non-economic damages like mental trauma, disfigurement or loss of enjoyment living.
Other damages could be available if a doctor misdiagnoses your condition or performs ineffective procedures. Punitive damages can be awarded when the negligence of your doctor is particularly egregious. For example the case of a doctor who performs an unnecessary surgery to make money or to satisfy their sexual pleasure.
In addition to the financial compensation mentioned earlier A court may also provide compensation for the cost of any alternative treatment that might have been needed but because of the medical negligence. This could have included a less invasive surgical procedure or a different type of treatment which could have prevented your injuries.
Medical Malpractice Caps
As concerns about fraud-related malpractice claims increased several states passed laws imposing caps on damages in malpractice cases. These caps limit the amount you can receive from the jury if your claim is considered to be excessive or unreasonable.
Most states limit both general and special damages. However, some states only restrict damages that are not economic. 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 negligence. Our experienced lawyers will help you determine the merits of your case, and assist you in obtaining an equitable settlement or verdict. If your case is taken to trial, we'll fight for your rights in court. Contact us at our San Diego or Phoenix offices or fill out our online form. We handle all kinds of medical malpractice cases throughout the United States. Our firm is dedicated to ensuring that clients receive the most appropriate compensation for their injuries. We represent patients injured by
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