The People Closest To Medical Malpractice Case Tell You Some Big Secrets
Medical Malpractice Compensation
Medical errors are a major cause of deaths and injuries in the United States. Patients who have suffered injury from a healthcare professional may be entitled to compensation that is substantial.
Economic damages, or special damages, cover the financial losses incurred by a victim. They cover past and future medical expenses, lost income, and more.
Economic Damages
Economic damages cover any financial costs associated with your injury, including medical expenses that have already been paid for and any future care that is necessary. They may also cover lost wages if your injuries stop you from working, as well as other documented financial losses.
Non-economic damages, often referred to as general damages, are not as tangible and 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 distress. Your lawyer will help you show these losses through testimony from witnesses as well as expert financial analysts and other evidence such as medical documents and evidence of your injuries.
The first known case of medical malpractice was Stratton v. Swanlond in 1374, which established the basis of breach of duty between a doctor and a patient. It was also the first medical malpractice lawsuit to award damages to plaintiffs.
Surviving damages are available to victims for the period after the malpractice until their death. These damages can include medical costs and lost income, as well as non-economic damages like mental distress loss of enjoyment of life, or disfigurement.
Other damages could be available in the event that a physician misdiagnoses your condition or performs ineffective procedures. If your doctor's erroneous actions are particularly severe like when they perform unnecessary surgery for profit or for personal sexual enjoyment, punitive damages might be awarded.
A court may also award compensation for alternative treatment that is required but not due to medical negligence. This might have included a more conservative surgical procedure or another course of treatment that could have potentially prevented your injuries.
Medical Malpractice Caps
Concerns about fraud-related malpractice claims increased as more states passed laws imposing limits on damages in malpractice cases. Limits on damages limit the amount of money you could receive from jurors if your case is considered to be excessive or unreasonable.
The majority of states place caps on general and special damages, however some places limit only the amount of non-economic damages you are entitled to compensation for. You still have to prove your case with a strong and convincing argument to win your medical malpractice case, regardless of the amount of caps.
Contact us to set up an appointment if you've been the victim of medical negligence. Our experienced lawyers can assist you determine the worth of your claim and help you pursue a fair settlement or a verdict. We will defend your rights in the event that your case goes to court. Contact our offices in San Diego and Phoenix, or complete the online form to start the process. We handle all kinds of medical malpractice lawsuits malpractice cases throughout 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 are able to travel to meet clients at a location that is most convenient for them.