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medical malpractice lawsuits Malpractice Compensation

Medical errors are one of the leading causes of injuries and death in the United States. Patients who have suffered injury from a health care provider could be entitled for a substantial amount of compensation.

Economic damages, also called special damages, address the financial losses incurred by a victim. They include future and past medical expenses, income loss, and many more.

Economic Damages

Economic damages reimburse you for any financial expenses incurred due to your injury, including medical care that has already been paid for and any the future treatment that is necessary. They can also include lost earnings if the injuries keep you from working, as well as other documented financial losses.

Non-economic damage is harder to quantify and less tangible. These damages could include physical pain and discomfort as well as a decline in the quality of life, or emotional distress. Your lawyer can help you to prove these losses with witness testimony experts, financial analysts who are experts, medical malpractice and other evidence such as medical documents and records of your injuries.

The first case to be cited for medical malpractice was Stratton V. Swanlond in 1374, which established the foundation of breach of duty between a physician and the patient. It was also the first medical malpractice lawsuit to award damages to plaintiffs.

Surviving damages are available to victims during the that follows the malpractice up to their death. These damages may include medical expenses and lost income and non-economic damages such as mental trauma, disfigurement or loss of enjoyment living.

Other damages can be awarded in the event that a doctor does not diagnose the problem or performs an unnecessary procedure. The court may award punitive damages when the negligence of your doctor is especially egregious. For instance that they have performed an unnecessary surgery to make money or for their sexual pleasure.

In addition to the monetary compensation mentioned earlier the court may also award compensation for the cost of any alternative treatment that might have been required but because of the medical negligence. This could have included a less invasive surgical procedure or a different method of treatment that could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice cases was increasing, a lot of states passed legislation that limits damages in malpractice cases. These limits reduce the amount you can be awarded by a jury if your claim is judged to be excessive or unreasonable.

Most states have caps on general and special damages. However, some states limit only the amount of non-economic damages that can receive compensation for. Regardless of the amount of caps, you'll have to prove compelling and solid evidence in order to win your medical malpractice claim.

Contact us to schedule an appointment if you've been the victim of medical malpractice. Our skilled lawyers can help you determine the worth of your claim, and assist you in obtaining an appropriate settlement or verdict. We'll defend your rights if your case is taken 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 most compensation they can for their injuries. We represent patients injured by medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We are able to travel to meet clients at a location that is convenient for them.