5 Clarifications Regarding Medical Malpractice Case
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medical malpractice lawyer errors are the most frequent cause of death and injury in the United States. Those who have been harmed by a health professional may be entitled for a substantial amount of compensation.
Economic damages, also referred as special damages, cover a victim's financial losses. They include future and past medical expenses, lost income, and more.
Economic Damages
Economic damages are a way to cover the financial costs associated with your injury, such as medical care that has already been paid for, as well as future care that is necessary. They can also include lost earnings if the injuries keep you from working, and other documented financial losses.
Non-economic damage is harder to quantify and are less tangible. These damages could include physical discomfort and pain and a loss in quality of life or emotional distress. Your lawyer will assist you demonstrate these losses by using witness testimony experts, financial analysts who are experts, and other evidence, like medical documents and evidence of your injuries.
The first case to be cited for medical malpractice was Stratton v. Swanlond in 1374, which established the basis of breach of duty between a doctor and a patient. It also was the first medical malpractice lawsuit to award damages to a plaintiff.
Surviving damages are available to victims during the that follows the malpractice up to their death. These damages could include medical costs and lost income, in addition to non-economic damages such as mental distress and loss of enjoyment life or disfigurement.
Other damages could be available if a doctor misdiagnoses your condition or performs ineffective procedures. Punitive damages are possible if your doctor's negligence is particularly grave. For instance when they perform a non-essential surgery to make money or for their sexual pleasure.
In addition to the financial settlements mentioned above the court may also provide compensation for the cost of any alternative treatment that would have been needed but due to medical negligence. This might include a less invasive surgical procedure or another course of treatment that could have prevented your injuries.
medical malpractice lawsuits Malpractice Caps
Concerns about fraud-related malpractice claims increased, many states passed laws that place limits on damages in malpractice cases. These limits reduce the amount you can receive from a jury if your claim is considered to be excessive or unreasonable.
Most states have caps on general and special damages. However, some places only restrict damages that are not economic. You still have to prove your case with a strong and convincing argument to be successful in your medical malpractice claim regardless of the amount of caps.
Contact us to schedule a consultation if you have been the victim of medical malpractice. Our skilled lawyers can help you determine the merits of your claim and assist you in obtaining the most fair settlement or verdict. We will protect your rights if your case is taken to court. Contact our offices in San Diego and Phoenix, or fill out the form online to get started. We handle all types medical malpractice cases throughout the United States. Our firm is committed to assisting clients in obtaining maximum compensation for their injuries. We represent victims of medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can meet clients at a location that is convenient for them.
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