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Medical Malpractice Compensation
Medical errors are one of the leading causes of injury and death in the United States. Patients who have been injured by a health care provider may be entitled to substantial compensation.
Economic damages, or special damages, address the financial losses suffered by the victim. They include future and past medical expenses, income loss, and more.
Economic Damages
Economic damages are a way to cover any financial expenses incurred due to your injury, including medical care that has already been paid for and future care that is necessary. You may also be able to seek economic damages for lost wages, if injuries make it difficult to work.
Non-economic damages, often called general damages, are not as tangible and are harder to quantify in terms of dollar value. These damages can 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 witness testimony and expert financial analysts and other evidence, including medical documents and records of your injuries.
The first known case of medical malpractice was Stratton in v. Swanlond in 1374, which established the basis of breach of duty between a physician and the patient. It was also the first lawsuit for medical malpractice to award damages to a plaintiff.
Surviving damages are available to victims for the time that follows the malpractice up to their death. These damages can comprise medical expenses and lost income, in addition to non-economic damages like mental anguish and loss of enjoyment life or disfigurement.
Other damages are possible in the event that a doctor misdiagnoses or performs unnecessary procedures. If the actions of your doctor are particularly bad or if they perform unnecessary surgeries for profit or for personal sexual pleasure, punitive damages may be awarded.
A court can also award compensation for alternative treatment required in the absence of medical negligence. This might have included a less risky surgical procedure, or a different course of treatment that could have potentially prevented your injuries.
medical malpractice lawsuit Malpractice Caps
As the number of malpractice lawsuits increased, several states passed legislation that limits the amount of damages that can be awarded in malpractice cases. These limits reduce how much money you can get from a juror if your claim is deemed to be excessive or unreasonable.
Most states set caps on both general and specific damages, but some places limit only the amount of non-economic damages you can claim compensation for. You must provide strong and convincing evidence to be successful in your medical malpractice claim, regardless of the amount of caps.
If you have been a victim of medical malpractice, contact us at any time to schedule an initial consultation for free. Our knowledgeable lawyers will help you determine the merits of your claim and help you to pursue an appropriate settlement or verdict. We will protect your rights if your case goes to the court. Call our offices in San Diego and Phoenix, or submit the online form to start the process. We handle all kinds of medical malpractice cases across the United States. Our firm is dedicated to ensuring that clients receive the maximum amount of compensation for their injuries. We represent victims of malpractice in California Arizona Washington Oregon Illinois Texas and Tennessee. We can visit clients at their homes or offices.
Medical errors are one of the leading causes of injury and death in the United States. Patients who have been injured by a health care provider may be entitled to substantial compensation.
Economic damages, or special damages, address the financial losses suffered by the victim. They include future and past medical expenses, income loss, and more.
Economic Damages
Economic damages are a way to cover any financial expenses incurred due to your injury, including medical care that has already been paid for and future care that is necessary. You may also be able to seek economic damages for lost wages, if injuries make it difficult to work.
Non-economic damages, often called general damages, are not as tangible and are harder to quantify in terms of dollar value. These damages can 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 witness testimony and expert financial analysts and other evidence, including medical documents and records of your injuries.
The first known case of medical malpractice was Stratton in v. Swanlond in 1374, which established the basis of breach of duty between a physician and the patient. It was also the first lawsuit for medical malpractice to award damages to a plaintiff.
Surviving damages are available to victims for the time that follows the malpractice up to their death. These damages can comprise medical expenses and lost income, in addition to non-economic damages like mental anguish and loss of enjoyment life or disfigurement.
Other damages are possible in the event that a doctor misdiagnoses or performs unnecessary procedures. If the actions of your doctor are particularly bad or if they perform unnecessary surgeries for profit or for personal sexual pleasure, punitive damages may be awarded.
A court can also award compensation for alternative treatment required in the absence of medical negligence. This might have included a less risky surgical procedure, or a different course of treatment that could have potentially prevented your injuries.
medical malpractice lawsuit Malpractice Caps
As the number of malpractice lawsuits increased, several states passed legislation that limits the amount of damages that can be awarded in malpractice cases. These limits reduce how much money you can get from a juror if your claim is deemed to be excessive or unreasonable.
Most states set caps on both general and specific damages, but some places limit only the amount of non-economic damages you can claim compensation for. You must provide strong and convincing evidence to be successful in your medical malpractice claim, regardless of the amount of caps.
If you have been a victim of medical malpractice, contact us at any time to schedule an initial consultation for free. Our knowledgeable lawyers will help you determine the merits of your claim and help you to pursue an appropriate settlement or verdict. We will protect your rights if your case goes to the court. Call our offices in San Diego and Phoenix, or submit the online form to start the process. We handle all kinds of medical malpractice cases across the United States. Our firm is dedicated to ensuring that clients receive the maximum amount of compensation for their injuries. We represent victims of malpractice in California Arizona Washington Oregon Illinois Texas and Tennessee. We can visit clients at their homes or offices.
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