Medical Malpractice Compensation
Medical errors are among the leading causes of injuries and death in the United States. Patients who have been injured by a health care provider may be entitled to compensation that is substantial.
Economic damages, also referred as special damages, cover the financial losses incurred by a victim. They cover past and future medical expenses, lost income, and many more.
Economic Damages
Economic damages cover any financial loss that is incurred due to your injury. This includes medical costs already paid and future treatment needed. You can also get economic damages to compensate for lost wages, if injuries hinder you from working.
Non-economic damage is harder to quantify and are more abstract. They could be a result of physical suffering and pain as well as a decrease in your quality of life or your emotional distress. Your lawyer will help you show these losses through witness testimony, expert financial analysts, and other evidence, including medical records and documentation of your injuries.
Stratton and. Swanlond, a case from 1374 that established the foundation of medical malpractice law firms malpractice as a breach of obligation between a physician and the patient. It also was the first medical malpractice lawsuit to award damages to a plaintiff.
Surviving damages are available to victims during the period following the incident until their death. These damages may include medical expenses and income loss as well as noneconomic damages such as mental distress, disfigurement, or loss of enjoyment living.
Other damages are possible in the event that a doctor mistakes in diagnosing or performing unnecessary procedures. Punitive damages are possible when a doctor’s negligence is particularly grave. For instance, if they perform unnecessary procedures to earn money or for sexual pleasure.
In addition to the financial settlements mentioned above, a court can make a payment for the cost of any alternative treatment that might have been required but due to medical negligence. This could have included a more conservative surgical procedure or another course of treatment that could have potentially prevented your injuries.
Medical Malpractice Caps
As the number of malpractice lawsuits increased, many states passed legislation that caps the amount of damages in malpractice cases. These limits limit the amount of money you can receive from an arbitrator if your claim is judged to be excessive or unreasonable.
Most states have caps on general and special damages, but certain states limit only the amount of non-economic damages you can receive compensation for. You will still need 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 for a consultation if you have been victimized by medical negligence. Our knowledgeable lawyers can help you assess the value of your claim, and help you seek a fair settlement or a verdict. We will protect your rights if your case goes to the 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 in the United States. Our firm is dedicated to ensuring that clients receive the most compensation they can for their injuries. We represent victims of medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We are able to travel to meet clients at a location that is suitable for them.
