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Medical Malpractice Compensation

Medical errors are a leading cause of death and injury in the United States. Those who have been harmed by a health care provider may be entitled to a substantial amount of compensation.

Economic damages, also known as special damages, are a way to cover the financial loss of a victim. This covers past and future medical expenses, lost income and more.

Economic Damages

Economic damages cover any financial costs associated with your injury, including medical care that has already been paid for, as well as future care that is needed. You can also claim economic damages for lost wages, if injuries make it difficult to work.

Non-economic damages, commonly referred to as general damages, are not as tangible and difficult to quantify in terms of dollar value. They could be a result of physical pain and suffering as well as a decrease in your quality of life or emotional distress. Your lawyer can help to prove these losses with testimony from witnesses as well as expert financial analysts and medical malpractice other evidence, including medical records and documentation of your injuries.

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

Surviving damages are available to victims for the time that follows the malpractice up to their death. These damages may include the cost of medical treatment and loss of income as well as noneconomic damages such as mental trauma, disfigurement or loss of enjoyment living.

Other damages are possible in the event that a doctor misdiagnoses or performs unnecessary procedures. In addition, punitive damages may be awarded when the negligence of your doctor is particularly egregious. For instance that they have performed an unnecessary procedures to earn money or to satisfy their sexual pleasure.

A court may also award compensation for alternative treatment that was required but for medical negligence. This could include a surgical procedure or a different course of treatment which could have prevented your injuries.

Medical Malpractice Caps

As concerns about fraudulent malpractice claims grew numerous states passed laws that put limits on damages for malpractice cases. Limits on damages limit the amount you can be awarded by an arbitrator if your claim is found to be unreasonable or unreasonable.

Most states set caps on general and special damages, but certain states limit only to the amount of non-economic damages that can be compensated for. Regardless of the amount of caps, you will require compelling and solid evidence to be able to win your medical malpractice case.

Contact us for an appointment if you've been the victim of medical malpractice. Our skilled lawyers can help you assess the value of your claim, and assist you in obtaining an appropriate settlement or verdict. We will defend your rights if your case is taken to court. Contact us at our San Diego or Phoenix offices, or complete the online form. We handle all kinds of medical malpractice cases throughout the United States. Our firm is committed to helping clients receive the most compensation they can for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can meet clients at a place that is suitable for them.