key biscayne medical malpractice law firm Malpractice Compensation

Medical errors are a major cause of deaths and injuries in the United States. Patients who have been injured by a medical professional may be entitled to compensation that is substantial.

Economic damages, also referred as special damages, cover a victim's financial losses. This covers past and future medical expenses loss of income, and other.

Economic Damages

Economic damages reimburse you for the financial burdens associated with your injury, including medical services that have already been paid for and future care that is needed. You may also get economic damages to compensate for lost wages, if injuries prevent working.

Non-economic damage is harder to quantify and less tangible. These damages can include physical pain and discomfort as well as a decline in the quality of life or emotional distress. Your lawyer can help to prove these losses with witness testimony as well as expert financial analysts and other evidence, like medical documents and records of your injuries.

The first known case of medical malpractice was Stratton V. Swanlond in 1374, that established the foundations of breach of duty between a physician and the patient. It was also the first case of medical malpractice to award damages to a victim.

Surviving damages are available to victims for the period from the time of the accident until their death. These damages can cover medical expenses and income loss as well as noneconomic damages like mental trauma, disfigurement or loss of enjoyment of living.

Other damages could be available in the event that a doctor misdiagnoses or performs unnecessary procedures. Punitive damages can be awarded when a doctor's negligence is especially egregious. For instance that they have performed an unnecessary surgery to make money or to satisfy their sexual pleasure.

In addition to the financial award mentioned above, a court can award compensation for the cost of any alternative treatment that would have been required but for the medical negligence. This could include a surgical procedure or alternative course of treatment that could have prevented your injuries.

Medical Malpractice Caps

As the number of fraudulent malpractice claims grew as more states passed laws that put limitations on damages in malpractice cases. These caps limit the amount you can receive from jurors if your case is deemed to be excessive or unreasonable.

Most states have caps on general and firm special damages. However, some states only limit damages that are not economic. You still have to provide strong and convincing evidence 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 assess the value of your claim and help to negotiate an equitable settlement or verdict. If your case is taken to trial, we'll fight for your rights in the courtroom. Call our offices in San Diego and Phoenix, or submit the online form to begin. We handle all types of medical malpractice cases throughout the United States. Our firm is committed to ensuring that clients receive the maximum amount of compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We can visit clients in their homes or offices.