Medical Malpractice Compensation

Medical errors are among the main causes of injury and death in the United States. Anyone who has been injured by a medical professional could be entitled to compensation that is substantial.

Economic damages, also referred to as special damages, cover a victim's financial losses. These include past and future medical expenses, lost income and many more.

Economic Damages

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

Non-economic damages are harder to quantify and are not as tangible. These damages can include physical pain and discomfort, a reduction in quality of life or emotional stress. Your lawyer can help you prove your losses using testimony from witnesses as well as expert financial analysts and other evidence, including medical malpractice law firm records and documentation of your injuries.

The earliest documented case of medical malpractice was Stratton V. Swanlond in 1374, which established the basis of breach of duty between a doctor and the patient. It was also the first medical malpractice lawsuit to award damages to plaintiffs.

A victim may be entitled to compensation for the duration of their life which cover the duration of time following the moment when the mishap occurred until the time of the time of death. These damages may include medical care expenses and lost income, as well as non-economic damages like mental anguish, loss of enjoyment of life, or disfigurement.

Other damages are possible in the event that a physician misdiagnoses your condition or performs unnecessary procedures. If your doctor's erroneous actions are particularly grave or if 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 required however due to medical negligence. This might include a less invasive surgical procedure or a different course of treatment that could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice claims increased, several states passed legislation that caps the amount of damages that can be awarded in malpractice cases. Limits on damages limit the amount of you can collect from a jury when the claim is deemed excessive or unreasonable.

Most states put caps on general and special damages. However, certain states limit only the amount of non-economic damages that are entitled to compensation for. No matter the amount of caps, you'll need to provide strong and compelling evidence to be able to win your medical malpractice case.

Contact us to set up a consultation if you have been the victim of medical malpractice. Our experienced lawyers can assist you assess the value of your claim, and help to negotiate a fair settlement, or a favorable verdict. We will fight for your rights in the event that your case is taken to 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 dedicated to assisting clients in obtaining maximum compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We can visit clients at their homes or offices.