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Medical Malpractice Compensation

Medical errors are one of the most frequent causes of injury and death in the United States. Those who have been harmed by a health professional may be entitled to compensation that is substantial.

Economic damages, also referred as special damages, compensate the financial losses of a victim. This includes past and future medical expenses in addition to lost income and other.

Economic Damages

Economic damages cover any financial losses that result from your injury. This includes medical costs already paid for and future medical malpractice attorneys care required. You may also be able to claim economic damages for the loss of wages, if injuries prevent working.

Non-economic losses, often referred to as general damages, are not as tangible and are harder to quantify in terms of dollar value. They could include physical pain and suffering or a decline in your quality of life, or your emotional distress. Your lawyer will help you to prove these losses with testimony from witnesses experts, financial analysts who are experts, and other evidence, including medical documents and records of your injuries.

The earliest known case of medical malpractice was Stratton in v. Swanlond in 1374, that established the foundations of breach of duty between a physician and a patient. It also was the first medical malpractice lawsuit to award damages to the plaintiff.

Surviving damages are available to victims during the period following the incident until their death. These damages can include medical expenses and lost income and non-economic damages like mental distress, disfigurement, or loss of enjoyment living.

Other damages are possible if a doctor misdiagnoses your condition or performs unneeded procedures. Punitive damages are possible in the event that your doctor's error is particularly egregious. For example, if they perform unnecessary procedures to earn money or to satisfy their sexual pleasure.

In addition to the monetary settlements mentioned above, a court may give compensation for the cost of any alternative treatment that would be needed if it weren't due to the medical negligence. This could include a less invasive surgical procedure or a different type of treatment that could have potentially prevented your injuries.

Medical Malpractice Caps

As concerns over fraudulent malpractice claims grew as more states passed laws imposing limitations on damages in malpractice cases. These caps limit the amount of money you could receive from an arbitrator if your claim is considered to be excessive or unreasonable.

Most states have caps on general and special damages. However, some states have a limit on damages that are not economic. No matter the amount of caps, you'll have to prove solid and convincing evidence in order to win your medical malpractice claim.

Contact us today to schedule 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 pursuing an appropriate settlement or verdict. If your case is taken to trial, we'll fight for your rights in the courtroom. Contact our offices in San Diego and Phoenix, or submit the online form to get started. We handle all kinds of medical malpractice cases throughout the United States. Our firm is dedicated to assisting clients in obtaining 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 Medical Malpractice them.