Medical Malpractice Compensation

Medical errors are the most frequent cause of deaths and injuries in the United States. Patients who have suffered injury from a healthcare professional may be entitled to a substantial amount of compensation.

Economic damages, also referred as special damages, pay for a victim's financial losses. This includes past and future medical costs, lost income and more.

Economic Damages

Economic damages are a way to cover any financial expenses incurred due to the injury, for example medical care that has already been paid and future care that is necessary. They may also cover lost wages if your injuries stop you from working, and other financial losses documented.

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

The first known case of medical malpractice lawyer malpractice was Stratton V. Swanlond in 1374, that established the foundations of breach of duty between a doctor and the patient. It was also the first medical malpractice lawsuit to award damages to the plaintiff.

A victim may be entitled to survival damages, which cover the period of time after the malpractice was discovered up to the point of death. These damages can include medical care expenses and lost income, in addition to non-economic losses like mental distress, loss of enjoyment of life, or disfigurement.

Other damages may be available if a doctor misdiagnoses your condition or performs unneeded procedures. If the doctor's actions are particularly grave, such as when they perform unnecessary surgery to make profit or for their own sexual pleasure, punitive damages may be awarded.

A court can also award compensation for any alternative treatment that was required but for medical negligence. This could have included a less risky surgical procedure or a different type of treatment that could have potentially prevented your injuries.

Medical Malpractice Caps

As concerns about fraudulent malpractice claims grew, many states passed laws that impose caps on damages in malpractice cases. Limits on damages limit the amount of you can collect from a jury if your claim is deemed to be excessive or unreasonable.

The majority of states place caps on both general and specific damages, but some places limit only the amount of non-economic damages you can be compensated for. Regardless of the amount of caps, you'll have to prove solid and convincing evidence to be able to win your medical malpractice claim.

If you've been the victim of medical malpractice, contact us at any time to arrange an initial consultation for free. Our skilled lawyers can help you determine the value of your claim and help you negotiate an equitable settlement or verdict. We will protect your rights if your case is taken to the court. Contact our offices in San Diego and Phoenix, or submit the online form to begin. We handle all types of medical malpractice cases across the United States. Our firm is committed to helping clients receive maximum compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We can travel to meet clients at a place that is convenient for them.