Medical Malpractice Compensation

Medical errors are among the leading causes of injury and death in the United States. Those who have been harmed by a medical professional may be entitled for a substantial amount of compensation.

Economic damages, sometimes referred to as special damages, pay for a victim's financial losses. They cover past and future medical malpractice lawyer expenses, income loss, and more.

Economic Damages

Economic damages compensate you for any financial losses that result from your injury. This includes medical bills already paid and future treatment required. They can also include lost earnings if injuries prevent you from working, and other documented financial losses.

Non-economic losses are more difficult to quantify and are more abstract. They could include physical suffering or a decline in your quality of life, or emotional distress. Your lawyer will assist you show these losses through testimony from witnesses as well as expert financial analysts and other evidence such as 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 physician and a patient. It also was the first medical malpractice lawsuit to award damages to plaintiffs.

A victim may be entitled to survival damages, which cover the period of time after the malpractice was discovered up to the point of the time of death. These damages may include 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 physician is unable to diagnose or performs unnecessary procedures. If the doctor's actions are particularly grave or if they perform unnecessary surgery for profit or for their own sexual pleasure, punitive damages may be awarded.

A court can also award compensation for alternative treatment that was required in the absence of medical negligence. This could have included a conservative surgical procedure or a different method of treatment that could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice claims increased, several states passed legislation that caps damages in malpractice cases. These limits reduce the amount of money you can get from the jury if your claim is deemed to be excessive or unreasonable.

Most states limit both general and special damages. However, some states have a limit on non-economic damages. Regardless of the amount of caps, you will require solid and convincing evidence in order to win your medical malpractice attorneys malpractice claim.

If you have been a victim of medical malpractice, please contact us anytime to set up an initial consultation for free. Our skilled lawyers can help you assess the value of your case, and assist you in pursuing a fair verdict or settlement. We will fight for your rights if your case is taken to the court. Call our offices in San Diego and Phoenix, or fill out the online form to get started. We handle all types of medical malpractice cases across the United States. Our firm is dedicated to assisting clients in obtaining maximum compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can travel to meet clients at a place that is convenient for them.