Medical Malpractice Compensation
Medical errors are among the main causes of injury and death in the United States. Patients who have suffered injury by a medical professional may be entitled for a substantial amount of compensation.
Economic damages, or special damages, compensate for the financial losses of a victim. These include past and foreseeable medical expenses, income loss, and many more.
Economic Damages
Economic damages reimburse you for any financial costs associated with your injury, like medical expenses that have already been paid for and any future care that is needed. You can also seek economic damages for lost wages, if injuries prevent working.
Non-economic damage is harder to quantify and less tangible. They may include your physical suffering and pain or a decline in your quality of life or your emotional stress. Your lawyer can help you show these losses through testimony from witnesses as well as expert financial analysts and other evidence, including hartsville medical malpractice law firm documents and records of your injuries.
The first known case of medical malpractice was Stratton the case of Stratton v. Swanlond in 1374, which established the basis of breach of duty between a physician and a patient. It also was the first parma medical Malpractice Lawyer malpractice lawsuit to award damages to plaintiffs.
A victim could be entitled to damages for survival that cover the length of time after the malpractice occurred up until death. These damages can cover medical expenses and lost income and non-economic damages like mental trauma, disfigurement or loss of enjoyment living.
Other damages could be available in the event that a physician misdiagnoses your condition or performs unneeded procedures. The court may award punitive damages if your doctor’s negligence is particularly severe. For instance when they perform a non-essential surgery to make money or for sexual pleasure.
A court can also award compensation for alternative treatment that is required but not due to medical negligence. This could have included a less invasive surgical procedure or a different course of treatment which could have prevented your injuries.
Medical Malpractice Caps
As concerns over fraudulent malpractice claims grew several states passed laws that impose limits on damages for malpractice cases. These limits reduce the amount you can get from a jury if your claim is considered to be excessive or unreasonable.
Most states have caps on both general and special damages, however certain states limit only the amount of non-economic damages that can be compensated for. Regardless of the amount of caps, you’ll need to provide solid and convincing evidence to support your medical malpractice case.
If you’ve been a victim of medical malpractice, please contact us at any time to schedule an initial consultation for free. Our experienced lawyers can assist you determine the worth of your case and help to negotiate a fair settlement, or a favorable verdict. We’ll defend 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 kinds of medical malpractice cases across the United States. Our firm is dedicated to assisting clients in obtaining maximum compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to clients’ homes or offices.