Sean Hicks asked 2 months ago
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 healthcare professional may be entitled for a substantial amount of compensation.
Economic damages, also referred as special damages, pay for the financial losses incurred by a victim. This includes past and future medical costs in addition to lost income and other.
Economic Damages
Economic damages cover any financial loss that is incurred due to your injury. This includes medical costs already paid and future treatment required. They can also include lost earnings if injuries prevent you from working, and other financial losses that are documented.
Non-economic damages, commonly referred to as general damages, are not as tangible and are more difficult to quantify in terms of a dollar. These damages may include physical discomfort and pain as well as a decline in the quality of life or emotional stress. Your lawyer will assist you show these losses through witness testimony and expert financial analysts and other evidence, such as medical documents and records of your injuries.
Stratton V. Swanlond, a case from 1374 that established the basis of medical malpractice, was a breach of duty between a doctor and a patient. It was also the first lawsuit for medical malpractice to award damages to the plaintiff.
Surviving damages are available to victims during the period after the malpractice until their death. These damages can cover medical expenses and lost income in addition to non-economic damages like mental trauma, disfigurement or loss of enjoyment living.
Other damages may be available in the event that a doctor misdiagnoses or performs unnecessary procedures. If your doctor’s negligent actions are particularly severe for example, when they perform unnecessary surgery to make profit or for their own sexual pleasure, punitive damages can be awarded.
A court can also award compensation for alternative treatment required in the absence of medical negligence. This could have included a conservative surgical procedure or a different type of treatment which could have prevented your injuries.
Medical Malpractice Caps
As the number of malpractice claims increased, several states passed laws that limit damages in malpractice cases. These caps limit the amount you can be awarded by a jury if your claim is deemed to be excessive or unreasonable.
Most states put caps on general and Lawyers special damages, however some places limit only the amount of non-economic damages that can receive compensation for. Whatever the number of caps, you’ll need to present strong and compelling evidence to win your medical malpractice case.
If you have been a victim of medical malpractice, please contact us anytime to schedule an initial consultation for free. Our experienced lawyers can help you determine the worth of your claim and assist to negotiate a fair settlement or verdict. If your case goes to trial, we’ll defend your rights in the courtroom. 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 throughout the United States. Our firm is dedicated to helping clients receive the maximum compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We are able to travel to clients’ homes or offices.