Medical Malpractice Compensation

Medical errors are the most frequent cause of death and injury in the United States. People who have been injured by a healthcare professional could be entitled to compensation that is substantial.

Economic damages, or special damages, address the financial losses suffered by the victim. These include past and future medical expenses, lost income, and more.

Economic Damages

Economic damages pay for any financial costs associated with your injury, like medical malpractice lawyer expenses that have already been paid for and future medical care that is required. You may also claim economic damages for the loss of wages, if your injuries hinder you from working.

Non-economic losses are more difficult to quantify and are not as tangible. These damages can include physical pain and discomfort as well as a decline in the quality of life, or emotional stress. Your lawyer can help prove these losses using expert financial analysts and witness testimony. Other evidence such as medical records and other documentation can also be considered, including medical records.

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

Surviving damages are available to victims for the period after the malpractice until their death. These damages could include medical expenses and lost income as well as non-economic damages such as mental trauma, disfigurement or loss of enjoyment of living.

Other damages may be available in the event that a physician mistakes in diagnosing or performing unnecessary procedures. Punitive damages can be awarded if your doctor's negligence is particularly severe. For instance, if they perform unnecessary surgery to make money or to satisfy their sexual pleasure.

In addition to the monetary compensation mentioned earlier the court may also give compensation for the cost of any alternative treatment that would be required if not due to medical negligence. This could include a more conservative 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 caps the amount of damages that can be awarded in malpractice cases. These limits reduce the amount you can be awarded by an arbitrator if your claim is deemed to be excessive or unreasonable.

Most states cap both general and special damages. However, some places only restrict non-economic damages. Whatever the amount of caps, you will have to prove solid and convincing evidence to support your medical malpractice claim.

Contact us for an appointment if you've been the victim of medical malpractice. Our skilled lawyers will assist you determine the merits of your case, and help you to pursue an equitable settlement or verdict. If your case is taken to trial, we will defend your rights in court. Contact our offices in San Diego and Phoenix, or complete the online form to start the process. We handle all types of medical malpractice cases across the United States. Our firm is dedicated to helping clients receive maximum compensation for their injuries. We represent victims of medical malpractice in California, Arizona, Washington, Oregon, Medical Malpractice Illinois, Texas, and Tennessee. We can visit clients at their homes or offices.