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Medical Malpractice Compensation

Medical errors are a leading cause of injuries and deaths in the United States. People who have been injured by a health professional could be entitled to compensation that is substantial.

Economic damages, also known as special damages, pay for the financial loss of a victim. This includes future and past medical costs loss of income, and other.

Economic Damages

Economic damages cover any financial loss that is incurred due to your injury. This includes medical services already paid and future treatment needed. You may also be able to claim economic damages for the loss of wages if the injuries hinder you from working.

Non-economic damages, often referred to as general damages, are less tangible and are harder to quantify in a dollar amount. They can include physical suffering as well as a decrease in your quality of life, or emotional distress. Your lawyer can help you to prove your losses using experts financial analysts and witness testimony. Other evidence such as medical records and other documentation can also be used, including medical records.

The first case to be cited for medical malpractice was Stratton the case of Stratton v. Swanlond in 1374, that established the foundations of breach of duty between a physician 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 that cover the period of time after the malpractice occurred, up to the time of death. These damages can cover medical expenses and lost income as well as noneconomic damages like mental anguish, disfigurement or loss of enjoyment living.

Other damages could be available If a doctor fails to diagnose your condition or performs unnecessary procedures. Punitive damages are possible if your doctor's negligence is particularly severe. For example when they perform a non-essential procedures to earn money or for sexual pleasure.

A court may also award compensation for any alternative treatment that is required in the absence of medical negligence. This could have included a less risky surgical procedure, or a different course of treatment that could have potentially prevented your injuries.

medical malpractice attorney Malpractice Caps

As the number of malpractice lawsuits was increasing, a lot of states passed legislation that caps damages in malpractice cases. These limits limit the amount of money you can get from a jury if your claim is judged to be excessive or unreasonable.

Most states have caps on general and special damages, but some places limit only the amount of non-economic damages that can receive compensation for. Regardless of the amount of caps, you will have to prove solid and convincing evidence to support your medical malpractice claim.

Contact us today to schedule a consultation if you have been the victim of medical malpractice. Our experienced lawyers can help you assess the value of your claim and help to negotiate a fair settlement, or a favorable verdict. We will defend your rights in the event that your case goes to the court. Contact us at our San Diego or Phoenix offices or use our online form. We handle all kinds of medical malpractice cases throughout the United States. Our firm is committed to ensuring that clients receive the most compensation they can for their injuries. We represent victims of medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We are able to travel to meet clients at a location that is comfortable for them.