Medical Malpractice Compensation

Medical errors are a major cause of injuries and deaths in the United States. People who have suffered harm from a health care provider may be entitled for a substantial amount of compensation.

Economic damages, also known as special damages, compensate for the financial losses of a victim. This includes future and past medical costs as well as lost income, among other.

Economic Damages

Economic damages pay for any financial costs associated with your injury, including medical expenses that have already been paid and future care that is necessary. You can also seek economic damages for lost wages if the injuries make it difficult to work.

Non-economic damages, also called general damages, are not as tangible and are harder to quantify in terms of a dollar. These damages may include physical pain and discomfort as well as a decline in the quality of life, or emotional stress. Your lawyer will help you prove your losses using testimony from witnesses and expert financial analysts and other evidence, including medical records and documentation of your injuries.

The first known case of medical malpractice was Stratton V. Swanlond in 1374, which laid the foundation for breach of duty between a doctor and the patient. It also was the first medical malpractice lawsuit to award damages to plaintiffs.

Surviving damages are available to victims during the period after the malpractice until their death. These damages can include medical care expenses and lost income, in addition to non-economic damages like mental anguish, loss of enjoyment of life or disfigurement.

Other damages could be available in the event that a physician misdiagnoses your condition or performs ineffective procedures. Punitive damages are possible in the event that your doctor's error is especially egregious. For example the case of a doctor who performs an unnecessary surgery to make money or to satisfy their sexual pleasure.

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

Medical Malpractice Caps

As the number of fraudulent malpractice claims grew several states passed laws that put caps on damages in malpractice cases. These limits limit the amount of money you can receive from jurors if your case is considered to be excessive or unreasonable.

Most states have caps on general and special damages. However, some states have a limit on damages that are not economic. Regardless of the amount of caps, you will need to provide compelling and solid evidence to win your medical malpractice case.

Contact us for a consultation if you have been the victim of medical malpractice. Our skilled lawyers can help you determine the value of your case and help to negotiate a fair settlement or verdict. We will protect your rights in the event that your case is taken to court. Contact us at our San Diego or Phoenix offices or fill out the online form. We handle all types of medical malpractice cases throughout the United States. Our firm is committed to helping clients receive the maximum compensation for their injuries. We represent victims of malpractice in California Arizona Washington Oregon Illinois Texas and Tennessee. We can visit clients' homes or offices.