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2024年6月6日 (木) 14:49時点における版

Medical Malpractice Compensation

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

Economic damages, also called special damages, compensate for the financial losses suffered by the victim. This includes future and past medical expenses in addition to lost income and other.

Economic Damages

Economic damages cover any financial expenses incurred due to your injury, including medical malpractice law firms expenses that have already been paid for, as well as the future treatment that is necessary. They may also cover lost earnings if injuries prevent you from working, and other financial losses that have been documented.

Non-economic damages, commonly called general damages, are less tangible and difficult to quantify in terms of dollar value. These damages can include physical pain and discomfort, a reduction in quality of life, or emotional stress. Your lawyer can assist you demonstrate these losses by using expert financial analysts and witness testimony. Other evidence like medical records and other documentation can be utilized, as well as medical records.

The first case to be cited for medical malpractice was Stratton v. Swanlond in 1374, that established the foundations of breach of duty between a doctor and the patient. It also was the first medical malpractice lawsuit to award damages to plaintiffs.

Surviving damages are available to victims for the period after the malpractice until their death. These damages can cover the cost of medical treatment and loss of income in addition to non-economic damages like mental trauma, disfigurement or medical malpractice loss of enjoyment of living.

Other damages can be awarded in the event that a physician is unable to diagnose or performs unnecessary procedures. In addition, punitive damages may be awarded when a doctor's negligence is particularly egregious. For example when they perform a non-essential procedures to earn money or for sexual pleasure.

A court can also award compensation for any alternative treatment required but not due to medical negligence. This might have included a less risky surgical procedure or another course of treatment that could have prevented your injuries.

Medical Malpractice Caps

As concerns about fraud-related malpractice claims increased numerous states passed laws that put limits on damages for malpractice cases. These limits reduce how much you can collect from a judge if the claim is deemed excessive or unreasonable.

Most states limit both general and special damages. However, some places limit only non-economic damages. Whatever the amount of caps, you will require strong and convincing evidence to be able to win your medical malpractice claim.

Contact us for a consultation if you have been the victim of medical malpractice. Our knowledgeable lawyers will help you assess the value of your case, and assist you in pursuing the most fair settlement or verdict. If your case goes to trial, we will defend your rights in court. Call our offices in San Diego and Phoenix, or fill out the online form to begin. We handle all kinds of medical malpractice cases across the United States. Our firm is dedicated to helping clients receive the maximum amount of compensation for their injuries. We represent patients injured by medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We are able to travel to clients at their homes or offices.