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medical malpractice lawsuits Malpractice Compensation

Medical errors are one of the leading causes of injury and death in the United States. Anyone who has suffered harm from a healthcare professional may be entitled to a substantial amount of compensation.

Economic damages, also referred to as special damages, compensate the financial loss of a victim. They include future and past medical expenses, lost income and many more.

Economic Damages

Economic damages cover any financial expenses incurred due to your injury, like medical care that has already been paid for, as well as future care that is necessary. They may also cover lost earnings if injuries prevent you from working, as well as other financial losses that have been documented.

Non-economic damages, often called general damages, are less tangible and difficult to quantify in terms of dollar value. They could be a result of physical suffering and pain and a decrease in your quality of life or your emotional stress. Your lawyer will assist you to prove these losses with testimony from witnesses, expert financial analysts, and other evidence, including medical documents and records of your injuries.

The earliest known case of medical malpractice was Stratton in v. Swanlond in 1374, that established the foundations of 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 for the period following the incident until their death. These damages may include medical costs and lost income, in addition to non-economic damages, such as mental anguish loss of enjoyment of life or disfigurement.

Other damages could be available in the event that a physician misdiagnoses or performs unnecessary procedures. In addition, punitive damages may be awarded in the event that your doctor's error is particularly egregious. For example the case of a doctor who performs an unnecessary procedures to earn money or for their sexual pleasure.

In addition to the financial settlements mentioned above, a court may give compensation for the cost of any alternative treatment that might have been required but due to medical negligence. This could have included a less invasive surgical procedure or a different course of treatment which could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice lawsuits was increasing, a lot of states enacted legislation to limit the amount of damages in malpractice cases. These caps limit the amount of money you could receive from jurors if your case is considered to be excessive or unreasonable.

Most states set caps on general and specific damages, but certain states limit only to the amount of non-economic damages you are entitled to 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 the victim of medical malpractice. Our skilled lawyers can help you determine the merits of your claim, and assist you in pursuing a fair verdict or settlement. We will fight for your rights in the event that your case goes to court. Contact us at our San Diego or Phoenix offices or fill out our online form. We handle all types of medical malpractice cases across the United States. Our firm is committed to ensuring that clients receive most appropriate compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can meet clients at a place that is suitable for them.