irving medical malpractice lawyer Malpractice Compensation

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

Economic damages, also referred as special damages, pay for the financial losses of a victim. They cover past and future medical expenses, lost income, and more.

Economic Damages

Economic damages pay for the financial burdens associated with the injury, for example medical expenses that have already been paid for and any future Hampton Medical Malpractice Lawyer care that is required. They can also include lost wages if your injuries stop you from working, as well as other financial losses documented.

Non-economic damages, commonly called general damages, are not as tangible and are more difficult to quantify in a dollar amount. These damages may include physical pain and discomfort or a decrease in the quality of life or emotional stress. Your lawyer can help show these losses through testimony from witnesses and expert financial analysts and other evidence such as medical documents and records of your injuries.

The earliest known case of 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 award damages to a victim.

Surviving damages are available to victims for the time that follows the malpractice up to their death. These damages can include medical care expenses and lost income, as well as non-economic damages such as mental distress, loss of enjoyment of life, or disfigurement.

Other damages could be available in the event that a doctor does not diagnose the problem or performs an unnecessary procedure. If your doctor's erroneous actions are particularly severe or if they perform unnecessary surgeries for profit or for personal sexual pleasure, punitive damages can be awarded.

In addition to the monetary compensation mentioned earlier the court may also provide compensation for the cost of any alternative treatment that would be needed if it weren't due to medical negligence. This might include a more conservative surgical procedure or another course of treatment that could have prevented your injuries.

Medical Malpractice Caps

As concerns about fraudulent malpractice claims grew numerous states passed laws that impose caps on damages in malpractice cases. These caps limit the amount you can get from the jury if your claim is judged to be excessive or unreasonable.

Most states have caps on general and special damages. However, some places only limit non-economic damages. You will still need to be able to prove your case convincingly and with conviction to win your medical malpractice case regardless of the amount of caps.

Contact us to set up an appointment if you've been the victim of medical malpractice. Our experienced lawyers will help you determine the merits of your claim, and help you to pursue a fair verdict or settlement. If your case goes to trial,