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medical malpractice lawsuit Malpractice Compensation

Medical errors are one of the leading causes of injuries and death in the United States. Patients who have been injured by a medical professional may be entitled for a substantial amount of compensation.

Economic damages, also referred as special damages, pay for the financial losses of a victim. This covers past and future medical expenses, lost income and more.

Economic Damages

Economic damages compensate you for any financial loss that is incurred due to your injury. This includes medical bills already paid and future care required. You can also claim economic damages for the loss of wages, if injuries prevent working.

Non-economic losses, often called general damages, are less tangible and are more difficult to quantify in terms of dollar value. These damages may include physical pain and discomfort as well as a decline in the quality of life or emotional stress. Your lawyer can assist you show these losses through expert financial analysts and witness testimony. Other evidence such as medical records and documentation will also be considered, including medical records.

The earliest documented case of medical malpractice was Stratton v. Swanlond in 1374, which established the foundation of breach of duty between a physician and a patient. It also was the first medical malpractice lawsuit to award damages to the plaintiff.

Surviving damages are available to victims during the that follows the malpractice up to their death. These damages may include the cost of medical treatment and loss of income as well as noneconomic damages like mental anguish, disfigurement, or loss of enjoyment of living.

Other damages could be available in the event that a doctor does not diagnose the problem or performs an unnecessary procedure. Punitive damages are possible when a doctor's negligence is particularly grave. For example the case of a doctor who performs an unnecessary surgery to make money or to satisfy their sexual pleasure.

In addition to the financial compensation mentioned earlier, a court may make a payment for the cost of any alternative treatment that might be required if not for the medical malpractice lawyers negligence. This might have included a more conservative surgical procedure or a different course of treatment that could have potentially prevented your injuries.

Medical Malpractice Caps

As concerns over fraudulent malpractice claims grew as more states passed laws that place limits on damages in malpractice cases. These limits reduce the amount of money you can get from a jury if your claim is considered to be excessive or unreasonable.

Most states have caps on general and special damages, however certain states limit only the amount of non-economic damages you can claim compensation for. Whatever the amount of caps, you will have to prove strong and compelling evidence to win your medical malpractice claim.

Contact us to schedule an appointment if you've been victimized by medical malpractice. Our knowledgeable lawyers will help you assess the value of your claim and help you to pursue a fair verdict or settlement. If your case is taken to trial, we'll fight for your rights in the courtroom. Contact us at our San Diego or Phoenix offices or use our online form. We handle all kinds of medical malpractice cases across the United States. Our firm is dedicated to ensuring that clients receive the highest compensation for their injuries. We represent victims of medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can travel to clients' homes or offices.