Ten Common Misconceptions About Medical Malpractice Case That Aren t Always True

Medical Malpractice Compensation

Medical errors are among the main causes of injury and death in the United States. Those who have been harmed by a healthcare professional may be entitled to a substantial amount of compensation.

Economic damages, also referred to as special damages, are a way to cover the financial loss of a victim. They include future and past medical expenses, lost income, and more.

Economic Damages

Economic damages reimburse you for any financial expenses incurred due to your injury, such as medical services that have already been paid and the future treatment that is necessary. They can also include lost wages if your injuries stop you from working, and other financial losses that are documented.

Non-economic damages, also referred to as general damages, are not as 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 distress. Your lawyer can help you demonstrate these losses by using expert financial analysts and witness testimony. Other evidence such as medical malpractice attorney records and other documentation can also be considered, including medical records.

The first case to be cited for medical malpractice was Stratton the case of Stratton v. Swanlond in 1374, Firm which laid the foundation for breach of duty between a doctor and a patient. It was also the first case of medical malpractice to award damages to the victim.

A victim may be entitled to survival damages which cover the duration of time following the moment when the mishap was discovered up to the point of death. These damages can comprise medical expenses and lost income, in addition to non-economic losses like mental distress loss of enjoyment of life, or disfigurement.

Other damages may be available if a doctor firm misdiagnoses your condition or performs unneeded procedures. If your doctor's negligent actions are particularly bad, such as when they perform unnecessary surgery for profit or for personal sexual enjoyment, punitive damages might be awarded.

A court may also award compensation for any alternative treatment that was needed however due to medical negligence. This could include a more conservative surgical procedure or a different course of treatment that could have prevented your injuries.

Medical Malpractice Caps

Concerns about fraudulent malpractice claims grew numerous states passed laws that place caps on damages in malpractice cases. These limits reduce the amount of money you could receive from an arbitrator if your claim is considered to be excessive or unreasonable.

The majority of states place caps on general and special damages, but some places limit only the amount of non-economic damages you can receive compensation for. Whatever the amount of caps, you'll need to present strong and convincing evidence to support your medical malpractice lawsuit malpractice claim.

If you have been a victim of medical negligence, contact us anytime to schedule an appointment for a no-cost consultation. Our knowledgeable lawyers can help you determine the worth of your claim and assist to negotiate a fair settlement or verdict. We will protect your rights in the event that your case goes to the court. Contact us at our San Diego or Phoenix offices or fill out our online form. We handle all types medical malpractice cases throughout the United States. Our firm is dedicated to helping clients receive most appropriate compensation for their injuries. We represent victims of malpractice in California Arizona Washington Oregon Illinois Texas and Tennessee. We can visit clients at their homes or offices.