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Medical Malpractice Compensation

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

Economic damages, also known as special damages, compensate for the financial losses suffered by the victim. This can include future and past medical costs, lost income and more.

Economic Damages

Economic damages reimburse you for the financial burdens associated with your injury, including medical services that have already been paid for and the future treatment that is necessary. You may also get economic damages to compensate for lost earnings, if your injuries hinder you from working.

Non-economic damages, commonly called general damages, are not as tangible and are harder to quantify in terms of dollar value. They can include physical suffering, a reduction in your quality of life or emotional distress. Your lawyer will assist you show these losses through witness testimony and expert financial analysts and other evidence, such as medical records and documentation of your injuries.

Stratton v. Swanlond, a case from 1374, which established the basis of medical malpractice law firm malpractice which was a breach in obligation between a doctor and a patient. It was also the first case of medical malpractice to award damages to the victim.

A victim could be entitled to a survival award that cover the length of time after the malpractice occurred up until death. These damages can include medical care expenses and lost income, in addition to non-economic damages like mental anguish loss of enjoyment of life or disfigurement.

Other damages are possible in the event that a doctor misdiagnoses or performs unnecessary procedures. If your doctor's negligent actions are particularly severe like when they perform unnecessary surgery to make profit or for personal sexual pleasure, punitive damages may be awarded.

In addition to the monetary awards mentioned above, a court can provide compensation for the cost of any alternative treatment that would be needed if it weren't for the medical malpractice attorney negligence. This could include a surgical procedure or a different method of treatment that could have prevented your injuries.

Medical Caps for Malpractice

As the number of malpractice claims was increasing, a lot of states passed laws that limit damages in malpractice cases. These limits reduce how much you can collect from a judge if the claim is deemed excessive or unreasonable.

Most states set caps on both general and special damages, but some places limit only the amount of non-economic damages you can receive compensation for. It is still necessary to be able to prove your case convincingly and with conviction to be successful in your medical malpractice claim, regardless of the amount of caps.

Contact us to set up a consultation if you have been the victim of medical malpractice. Our experienced lawyers can help you determine the worth of your claim, and help you seek a fair settlement, or a favorable verdict. If your case goes to trial, we will fight for 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 helping clients receive maximum compensation for their injuries. We represent victims of malpractice in California Arizona Washington Oregon Illinois Texas and Tennessee. We are able to travel to clients at their homes or offices.