A simple misdiagnosis or a catastrophic medical accident can change your life forever. Pursuing a medical malpractice claim against responsible parties can ensure that you receive compensation for both economic and non-economic damages.
When a trusted doctor deviates from the standard of care and you suffer an avoidable injury as a result of their negligence, you may be entitled to financial compensation. By bringing a medical malpractice lawsuit, you can recover financially for your injuries.
Medical malpractice payouts vary by state. The reason for this is state law and the effect that it has on evidence, the type of damages that may be awarded, and the amount of damages that may be awarded. California is unique in the damages caps it requires for certain types of medical malpractice claims.
The California-based lawyers at Hodes Milman have decades of experience in litigating medical malpractice cases. They are experts in California medical malpractice law and will handle your case with care and compassion. Contact us online or by calling (949) 640-8222. We are standing by and ready to assist you with your medical malpractice claim.
What Should a Medical Malpractice Payout Cover?
Medical malpractice is any action or nonaction by a physician that deviates from the acceptable standard of care. Some common types of medical malpractice are:
- Misdiagnosis or delayed diagnosis
- Failure to treat
- Surgical malpractice
- Birth injuries
- Defective medical devices
Incidents of medical malpractice can change a person’s life forever. In the blink of an eye, they may become dependent on therapy, medical devices, or even round-the-clock care for the rest of their lives. In these instances, courts will require the party who caused the injury to pay damages to the injured party.
Damages are financial payouts that the injured party will request that the court award to them in order to compensate for the injury. Damages intend to restore the injured party to their position prior to the injury. Economic damages awarded in a medical malpractice lawsuit may include:
- Medical bills
- Lost wages
- Lost future earnings
- Medical equipment and devices
- Modifications to your home or car
Damages can also be awarded to pay an injured party’s medical bills or for loss of pleasure and enjoyment. Damages may also be punishment-based or charged in an effort to deter similar behavior. However, punitive damages are rare in medical malpractice cases.
Many factors can impact the size of your medical malpractice settlement. Continue reading to learn more.
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What Factors Affect a Medical Malpractice Payout?
Medical malpractice claims are extremely complicated. There are many different factors that go into determining the proper settlement or financial payout in a medical malpractice case. Your legal team will take into account all of the facts and circumstances surrounding your injury in order to determine a figure that represents the damages that you are owed. Factors that can affect a medical malpractice payout are:
- Extent of the injury
- Your age
- Anticipated future care
- Future treatments
- Extent of evidence to support your claim
State law will also have a great impact on your medical malpractice payout. State law will dictate what evidence must be provided in order to prove your claim, and how high the burden of proof (the legal standard that parties must meet in order to prove their claim is valid).
Several states have introduced caps or limits on the amount of damages that are available in medical malpractice cases. For example, Iowa has a $250,000 limit except in cases of substantial or permanent loss of bodily functions, or substantial disfigurement, while Utah has a $450,000 limit for medical malpractice payouts but no limit for wrongful death payouts. Read on to learn more about medical malpractice payouts in California specifically.
California Medical Malpractice Payouts
The strength of your claim usually correlates with the size of the injury or settlement. The stronger the case and the more debilitating the injury, the greater likelihood that you will receive a payout. If you believe you have a medical malpractice claim it is important to pursue legal action as soon as possible. Most states enforce a statute of limitations or a law that bars claims after a certain amount of time. In California, the statute of limitations for a medical malpractice claim is 2 years.
Your medical malpractice attorney can ensure that you present your strongest case by collecting medical records, diagnostic images such as x-rays and MRIs, prescriptions, expert testimony, and other personal records. After examining these documents, your medical malpractice attorney will be able to give you a better idea of the damages that your injury requires.
Some states have laws in place that limit the amount of certain types of damages that may be awarded. Starting in 2023 in California, damages for pain and suffering resulting in a medical malpractice case are capped at $350,000 for cases not resulting in wrongful death. The new law also increases the amount that may be recovered by $40,000 until it maxes out at $750,000. For medical malpractice cases that result in wrongful death, damages are capped at $500,000.
By hiring a medical malpractice lawyer, you no longer have to worry about gathering evidence, completing complicated filings or legal documents, or dealing with opposing counsel. Instead, you can focus on healing. The lawyers at Hodes Milman understand the toll of a medical malpractice lawsuit and are here to make the process as easy as possible for you. Contact us online or by calling (949) 640-8222. We are standing by and ready to help you with your claim.
Who Pays in a Medical Malpractice Lawsuit?
In medical malpractice cases, there are many different parties that can be held responsible for your injury. Your medical malpractice attorney will be able to examine your particular facts and circumstances and determine who caused your injury. In some cases, there may be multiple responsible parties and you may be able to bring a lawsuit against more than one party. Some typical parties that may be required to pay in a medical malpractice lawsuit are:
- Insurance companies
Experienced medical malpractice attorneys, like those at Hodes Milman, will know who to bring a lawsuit against in order to make sure you receive the maximum settlement possible.
Contact an Experienced Medical Malpractice Attorney
An unexpected injury that results from medical malpractice can upend your life. Talking to and hiring a medical malpractice attorney is the first step toward seeking justice and reparations for your injuries. Your lawyer will be able to guide you through your state’s particular laws pertaining to medical malpractice lawsuits and get the best settlement for your circumstances.
The experienced medical malpractice attorneys at Hodes Milman have achieved multi-million dollar settlements for their clients. In one case, they were awarded a $4.0 million dollar settlement after an insufficient emergency room diagnosis left a 30-year-old woman in a vegetative state. The lawyers at Hodes Milman will work tirelessly for you until you are properly compensated for the injustices that you have suffered.