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medical malpractice attorney Malpractice Compensation

Medical errors are a major cause of injuries and deaths in the United States. People who have been injured by a medical professional may be entitled for a substantial amount of compensation.

Economic damages, also referred as special damages, are a way to cover the financial losses incurred by a victim. This includes future and past medical expenses, lost income and more.

Economic Damages

Economic damages compensate you for any financial loss that is incurred due to your injury. This includes medical costs already paid and future care needed. You may also be able to get economic damages to compensate for lost earnings, if your injuries hinder you from working.

Non-economic damages, commonly referred to as general damages, are less tangible and are harder to quantify in terms of dollar value. They can include physical suffering and pain or a decline in your quality of life, or your emotional distress. Your lawyer can help you prove these losses using expert financial analysts and witness testimony. Other evidence, such as medical malpractice attorneys records and other documents can also be considered, such as medical records.

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

Surviving damages are available to victims for the period from the time of the accident until their death. These damages could include medical expenses and lost income and non-economic damages like mental trauma, disfigurement or loss of enjoyment living.

Other damages can be awarded in the event that a doctor does not diagnose the problem or performs an unnecessary procedure. If your doctor's erroneous actions are particularly grave like when they perform unnecessary surgery for profit or for personal sexual pleasure, punitive damages may be awarded.

A court may also award compensation for any alternative treatment required in the absence of medical negligence. This might include a more conservative surgical procedure or a different type of treatment that could have potentially prevented your injuries.

Medical Malpractice Caps

As the number of malpractice cases increased, several states passed legislation that caps the amount of damages in malpractice cases. Limits on damages limit the amount of money you could receive from a jury when your claim is judged to be excessive or unreasonable.

The majority of states limit general and special damages. However, some states have a limit on non-economic damages. No matter the amount of caps, you'll have to prove compelling and solid evidence to win your medical malpractice claim.

Contact us to schedule an appointment if you've been victimized by medical negligence. Our knowledgeable lawyers can help you determine the value of your case and help you pursue a fair settlement or a verdict. If your case is taken to trial, we will fight for your rights in the courtroom. Contact us at our San Diego or Phoenix offices, or complete the online form. We handle all types of medical malpractice Law firm malpractice cases throughout the United States. Our firm is committed to helping clients receive the maximum compensation for their injuries. We represent victims of medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We can visit clients office or homes.