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Medical Malpractice Compensation

Medical errors are a major cause of injury and deaths in the United States. Those who have suffered harm from a healthcare professional could be entitled for a substantial amount of compensation.

Economic damages, also known as special damages, cover the financial losses incurred by a victim. These include past and foreseeable medical malpractice law expenses, lost income, and many more.

Economic Damages

Economic damages cover any financial expenses incurred due to the injury, for example medical care that has already been paid for, as well as future medical care that is required. They can also include lost wages if your injuries stop you from working, as well as other financial losses that are documented.

Non-economic damages are more difficult to quantify and are less tangible. They could include physical suffering and pain, a reduction in your quality of life or emotional distress. Your lawyer can assist you to prove your losses using experts financial analysts and witness testimony. Other evidence like medical records and other documents can be utilized, as well as medical records.

The earliest known case of medical malpractice was Stratton v. Swanlond in 1374, which laid the foundation for breach of duty between a physician and the patient. It was also the first case of medical malpractice to award damages to the victim.

A victim may be entitled to damages for survival that cover the length of time following the moment when the mishap was discovered up to the point of death. These damages may include the cost of medical malpractice settlement treatment and loss of income in addition to non-economic damages such as mental trauma, disfigurement or loss of enjoyment living.

Other damages could be available in the event that a physician is unable to diagnose or medical malpractice law performs unnecessary procedures. If your doctor's negligent actions are particularly egregious or if they perform unnecessary surgery to make profit or for personal sexual enjoyment, punitive damages might be awarded.

A court may also award compensation for any alternative treatment that was required but not due to 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 the number of fraud-related malpractice claims increased, many states passed laws that put caps on damages in malpractice cases. These limits reduce the amount you could receive from a jury if your claim is considered to be excessive or unreasonable.

The majority of states limit general and special damages. However, some places limit only damages that are not economic. No matter the amount of caps, you'll have to prove solid and convincing evidence to win your medical malpractice claim.

If you've been a victim of medical malpractice law malpractice, please contact us anytime to schedule an appointment for a no-cost consultation. Our experienced lawyers can help you determine the worth of your case and help you negotiate an equitable settlement or verdict. If your case goes to trial, we'll defend 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 in the United States. Our firm is committed to ensuring that clients receive the maximum amount of compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can visit clients at their homes or offices.