Medical Malpractice Compensation
Medical errors are the most frequent cause of death and injury in the United States. People who have suffered harm due to a medical professional may be entitled to a substantial amount of compensation.
Economic damages, or special damages, cover the financial losses suffered by the victim. These include past and future medical expenses, income loss, and more.
Economic Damages
Economic damages are a way to compensate you for any financial losses associated with your injury. This includes medical services already paid for and future medical malpractice law firms care needed. They can also include lost wages if your injuries stop you from working, as well as other financial losses that are documented.
Non-economic damage is harder to quantify and less tangible. They could be a result of physical suffering and a decrease in your quality of life, or your emotional stress. Your lawyer can help you prove your losses using testimony from witnesses and expert financial analysts and other evidence, like medical documents and evidence of your injuries.
The first case to be cited for medical malpractice was Stratton V. Swanlond in 1374, which laid the foundation for breach of duty between a doctor and the patient. It also was the first medical malpractice lawsuit to award damages to plaintiffs.
A victim could be entitled to compensation for the duration of their life, which cover the period of time from the time the incident was discovered up to the point of the time of death. These damages may include medical expenses and lost income in addition to non-economic damages such as mental anguish, disfigurement, or loss of enjoyment living.
Other damages may be available when a doctor is unable to diagnose your condition or performs unnecessary procedures. If your doctor’s erroneous actions are particularly grave for example, when they perform unnecessary surgery to make profit or for their own sexual pleasure, punitive damages could be awarded.
A court can also award compensation for any alternative treatment that is required however due to medical negligence. This might have included a less risky surgical procedure, or a different course of treatment that could have potentially prevented your injuries.
Medical Caps for Malpractice
As concerns about fraudulent malpractice claims grew as more states passed laws imposing limits on damages in malpractice cases. Limits limit the amount money you can get from a jury when your claim is judged to be excessive or unreasonable.
Most states set caps on both general and special damages, however some places limit only the amount of non-economic damages you are entitled to compensation for. Regardless of the amount of caps, you will need to provide strong and compelling evidence to win your medical malpractice case.
If you have been a victim of medical negligence, contact us at any time to schedule an appointment free of charge. Our knowledgeable lawyers will help you assess the value of your claim and assist you in pursuing 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 the online form. We handle all kinds of medical malpractice cases throughout the United States. Our firm is dedicated to helping clients receive the maximum compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to meet clients at a location that is most convenient for them.