Medical Malpractice Compensation
Medical errors are one of the leading causes of injuries and death in the United States. Patients who have been injured by a health care provider could be entitled to a substantial amount of compensation.
Economic damages, also called special damages, compensate for the financial losses incurred by a victim. They cover past and future medical expenses, lost income and many more.
Economic Damages
Economic damages are a way to compensate you for any financial loss that is incurred due to your injury. This includes medical services that you have already paid for as well as future care needed. They may also cover lost earnings if the injuries keep you from working, and other financial losses documented.
Non-economic damages, often called general damages, are not as tangible and harder to quantify in terms of dollar value. They could be a result of physical pain and suffering, a reduction in your quality of life or emotional distress. Your lawyer will assist you to prove these losses with witness testimony experts, financial analysts who are experts, and other evidence, including medical records and documentation of your injuries.
The first known case of medical malpractice was Stratton v. Swanlond in 1374, which established the basis of breach of duty between a doctor 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 can comprise medical expenses and lost income, as well as non-economic losses like mental anguish, loss of enjoyment of life or disfigurement.
Other damages may be available when a doctor is unable to diagnose your condition or performs unneeded procedures. Punitive damages can be awarded when the negligence of your doctor is especially egregious. For instance the case of a doctor who performs an unnecessary surgery to make money or for sexual pleasure.
A court may also award compensation for alternative treatment that was required but not due to medical negligence. This might include a more conservative surgical procedure or a different course of treatment that could have prevented your injuries.
medical malpractice lawyer Malpractice Caps
As the number of fraud-related malpractice claims increased numerous states passed laws imposing limits on damages in malpractice cases. Limits limit the amount you can collect from a jury when your claim is deemed excessive or unreasonable.
The majority of states place caps on both general and special damages, but some states limit only the amount of non-economic damages that can claim compensation for. It is still necessary to be able to prove your case convincingly and with conviction to be successful in your
medical malpractice lawsuit malpractice claim, regardless of the amount of caps.
Contact us to set up an appointment if you've been the victim of medical malpractice. Our skilled lawyers can help you determine the worth of your claim and assist you in obtaining a fair verdict or settlement. If your case goes to trial, we'll defend your rights in the courtroom. Call our offices in San Diego and Phoenix, or submit the online form to start the process. We handle all types of medical malpractice cases in the United States. Our firm is dedicated to helping clients receive maximum compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can meet clients at a location that is suitable for them.