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medical malpractice lawsuit Malpractice Compensation

Medical errors are a leading cause of deaths and injuries in the United States. People who have suffered harm from a health care provider may be entitled to compensation that is substantial.

Economic damages, also known as special damages, are used to cover the financial losses incurred by a victim. These include past and foreseeable medical expenses, lost income and many more.

Economic Damages

Economic damages are a way to cover the financial costs associated with your injury, like medical care that has already been paid and future medical care that is required. They may also cover lost wages if your injuries prevent you from working, and other documented financial losses.

Non-economic damages, commonly referred to as general damages, are not as tangible and harder to quantify in terms of a dollar. These damages could include physical pain and discomfort and a loss in quality of life or emotional distress. Your lawyer can help to prove these losses with witness testimony and expert financial analysts and other evidence such as medical records and documentation of your injuries.

The first case to be cited for medical malpractice was Stratton the case of Stratton v. Swanlond in 1374, which established the foundation of breach of duty between a doctor and a patient. It was also the first case of medical malpractice to give damages to a victim.

A victim may be entitled to survival damages that cover the length of time after the malpractice occurred, up to death. These damages could comprise medical expenses and lost income, as well as non-economic damages such as mental distress, loss of enjoyment of life or disfigurement.

Other damages are possible in the event that a doctor mistakes in diagnosing or performing unnecessary procedures. In addition, punitive damages may be awarded when the negligence of your doctor is particularly grave. For instance the case of a doctor who performs an unnecessary surgery to make money or for their sexual pleasure.

A court may also award compensation for alternative treatment that was needed but not due to medical negligence. This could include a less invasive surgical procedure or a different course of treatment that could have prevented your injuries.

Medical Caps for Malpractice

As concerns over fraudulent malpractice claims grew several states passed laws that put limitations on damages in malpractice cases. These caps limit the amount of money you can get from the jury if your claim is considered to be excessive or unreasonable.

The majority of states place caps on general and special damages. However, certain states limit only the amount of non-economic damages you can be compensated for. It is still necessary to prove your case with a strong and convincing argument to be successful in your medical malpractice claim regardless of the amount of caps.

Contact us to set up an appointment if you've been victimized by medical malpractice. Our experienced lawyers can help you assess the value of your claim, and help to negotiate an equitable settlement or verdict. If your case goes to trial, lawyers we will defend your rights in the courtroom. Contact us at our San Diego or Phoenix offices or fill out the online form. We handle all types of medical malpractice cases across the United States. Our firm is committed to helping clients receive maximum compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can visit clients office or homes.