Medical Malpractice Compensation
Medical errors are one of the most frequent causes of injury and death in the United States. Those who have been harmed by a health professional may be entitled to a substantial amount of compensation.
Economic damages, also referred as special damages, cover a victim’s financial losses. These include past and foreseeable medical expenses, lost income, and more.
Economic Damages
Economic damages pay for any financial costs associated with the injury, for example medical services that have already been paid and future medical care that is required. You can also seek economic damages for lost wages, if injuries hinder you from working.
Non-economic damages, also referred to as general damages, are less tangible and are harder to quantify in a dollar amount. They could be a result of physical suffering and pain, gratisafhalen.be a reduction in your quality of life or your emotional stress. Your lawyer can help you show these losses through witness testimony 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 the case of Stratton v. Swanlond in 1374, which established the foundation of breach of duty between a doctor and a patient. It also was the first lawsuit for medical malpractice to award damages to a plaintiff.
A victim could be entitled to a survival award that cover the period that follows the time when the error occurred up until the time of death. These damages may include medical expenses and lost income, in addition to non-economic losses like mental distress and loss of enjoyment life, or disfigurement.
Other damages may be available If a doctor fails to diagnose your condition or performs unnecessary procedures. If the actions of your doctor are particularly egregious for example, when they perform unnecessary surgery to make profit or for their own sexual pleasure, punitive damages may be awarded.
A court may also award compensation for any alternative treatment that was needed however due to medical negligence. This could include a more conservative surgical procedure or a different course of treatment which could have prevented your injuries.
Medical Caps for Malpractice
As the number of fraud-related malpractice claims increased several states passed laws that put limitations on damages in malpractice cases. Limits limit the amount you can collect from a jury when your claim is deemed excessive or unreasonable.
Most states have caps on general and special damages. However, some places only restrict non-economic damages. You still have to be able to prove your case convincingly and with conviction to be successful in your medical malpractice claim regardless of the amount of caps.
Contact us today to schedule a consultation if you have been the victim of medical malpractice. Our experienced lawyers can assist you assess the value of your claim and assist you pursue a fair settlement, or a favorable verdict. If your case is taken to trial, we will fight for your rights in the courtroom. Call our offices in San Diego and Phoenix, or complete the online form to begin. We handle all types of medical malpractice cases throughout the United States. Our firm is committed to helping clients receive most compensation they can for their injuries. We represent patients injured by medical malpractice lawyer malpractice in California, Arizona, Washington, Oregon, Illinois, Texas, Vimeo.com and Tennessee. We are able to travel to meet clients at a place that is most convenient for them.