Why You Must Experience Medical Malpractice Case At Least Once In Your Lifetime

medical malpractice lawsuit Malpractice Compensation

Medical errors are among the leading causes of injury and death in the United States. Patients who have suffered injury from a health care provider could be entitled to substantial compensation.

Economic damages, also called special damages, compensate for the financial losses of a victim. They include future and past medical expenses, income loss, and many more.

Economic Damages

Economic damages reimburse you for any financial costs associated with the injury, for example medical services that have already been paid for and the future treatment that is necessary. They can also include lost earnings if injuries prevent you from working, and other financial losses that have been documented.

Non-economic damages are more difficult to quantify and are not as tangible. They can include physical suffering as well as a decrease in your quality of life, or your emotional distress. Your lawyer will assist you show these losses through witness testimony 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 the case of Stratton v. Swanlond in 1374, which laid the foundation for breach of duty between a doctor and the patient. It was also the first case of medical malpractice to give damages to a victim.

A victim may be entitled to damages for survival that cover the length of time from the time the incident occurred up until the time of death. These damages can include the cost of medical treatment and lawyers loss of income as well as non-economic damages such as mental anguish, disfigurement, or loss of enjoyment of living.

Other damages could be available if a doctor misdiagnoses your condition or performs unnecessary procedures. Punitive damages are possible if your doctor's negligence is especially egregious. For example that they have performed an unnecessary surgery to make money or to satisfy their sexual pleasure.

A court may also award compensation for any alternative treatment that is required in the absence of medical negligence. This could have included a less invasive surgical procedure or a different type of treatment which could have prevented your injuries.

Medical Malpractice Caps

As the number of fraudulent malpractice claims grew, many states passed laws that place limits on damages in malpractice cases. Limits on damages limit the amount of money you can get from a jury when your claim is deemed excessive or unreasonable.

Most states put caps on both general and special damages, however certain states limit only to the amount of non-economic damages you can claim compensation for. Whatever the number of caps, you'll need to provide strong and compelling evidence to support your medical malpractice case.

Contact us for a consultation if you have been the victim of medical malpractice. Our experienced lawyers can help you determine the value of your claim and assist you seek a fair settlement, or a favorable verdict. If your case is taken to trial, we will defend your rights in court. Contact us at our San Diego or Phoenix offices or fill out our online form. We handle all kinds of medical malpractice cases throughout the United States. Our firm is dedicated to helping clients receive the maximum amount of compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to meet clients at a location that is most convenient for them.