10 Quick Tips To Medical Malpractice Case

medical malpractice law firm Malpractice Compensation

Medical errors are one of the leading causes of injury and death in the United States. People who have been injured by a health professional could be entitled to compensation that is substantial.

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

Economic Damages

Economic damages pay for any financial losses associated with your injury. This includes medical expenses already paid for and future medical care needed. You may also claim economic damages for the loss of wages, if injuries prevent working.

Non-economic damages are more difficult to quantify and are less tangible. They could include physical suffering, a reduction in your quality of life, or your emotional stress. Your lawyer can help show these losses through witness testimony as well as expert financial analysts and other evidence, including medical documents and records of your injuries.

The first case to be cited for medical malpractice was 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 decide to award damages to a victim.

A victim could be entitled to a survival award that cover the length of time after the malpractice occurred until the time of the time of death. These damages can cover the cost of medical treatment and loss of income in addition to non-economic damages like mental anguish, disfigurement or loss of enjoyment of living.

Other damages may be available if a doctor misdiagnoses your condition or performs unnecessary procedures. If the doctor's actions are particularly egregious or if they perform unnecessary surgery to make profit or for personal sexual pleasure, punitive damages could be awarded.

A court may also award compensation for any alternative treatment 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 Caps for Malpractice

Concerns about fraudulent malpractice claims grew, many states passed laws that put limits on damages in malpractice cases. These limits reduce how much you can collect from a jury if your claim is deemed to be excessive or unreasonable.

Most states cap both general and special damages. However, some places only limit non-economic damages. You will still need to prove your case with a strong and convincing argument to win your medical malpractice case, regardless of the amount of caps.

If you have been a victim of medical negligence, contact us anytime to schedule an appointment for a no-cost consultation. Our experienced lawyers can help you assess the value of your claim and help you negotiate a fair settlement or verdict. If your case is taken to trial, we'll defend your rights in court. Call our offices in San Diego and Phoenix, or complete the online form to start the process. We handle all types of medical malpractice cases in the United States. Our firm is committed to ensuring that clients receive the highest compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to our clients office or homes.