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What Compensation Is Available In a California Medical Malpractice Case?

Individuals who sustain injuries or illnesses caused by the negligent actions of medical providers may be able to recover compensation for their losses. Medical malpractice claims in California are notoriously difficult, but a successful claim can bring the compensation individuals need to move forward with their lives. In general, medical malpractice victims will be able to recover both economic and non-economic compensation if their claim is successful.

Economic Damages for a California Medical Malpractice Case

Also referred to as special damages, economic damages are what most people think about when they consider the costs resulting from medical malpractice claims. These are the types of losses that individuals experience that can be calculated by gathering the bills and receipts that they receive as a result of the treatment and costs related to the incident. Some of the most common economic damages recoverable for a California medical malpractice claim include the following:

  • Coverage of any emergency medical expenses arising due to the error
  • Compensation for long-term medical treatment caused by the mistake
  • Payment for prescription medications and medical devices
  • Coverage of physical therapy and rehabilitation needs
  • Lost wages for a victim who is unable to work due to the medical mistake
  • Transportation costs to and from medical facilities

Non-Economic Damages for a California Medical Malpractice Case

Non-economic damages are also referred to as general damages. For a medical malpractice claim, these types of losses are more complicated to calculate. There will not be any bills or receipts to help adequately calculate a patient’s:

  • Emotional and psychological pain and suffering caused by the medical error
  • Physical pain and suffering arising due to the continued injury or illness
  • Loss of quality of life damages for a person who sustains a disability due to the mistake
  • Loss of consortium for a spouse and family members

Because there are no bills or receipts that can be added up to put a definitive number on how much compensation a person should receive for non-economic damages, there are other methods that will be used. Typically, a “multiplier method” is used to calculate general damages for a medical malpractice case. Using this method, an attorney will gather all of the economic damages their client endures and then multiply this by a set number, usually a number ranging from 1.5 to 5. For example, if a medical malpractice victim experiences $300,000 worth of economic damages, a multiplier of “three” could be used to reach a non-economic damage total of $900,000.

Work With a Skilled Medical Malpractice Lawyer in Santa Ana

When working to recover compensation for a medical malpractice claim in California, it is crucial to have an attorney by your side. Medical malpractice claims are notoriously difficult, and a medical malpractice attorney will be able to use their resources to fully investigate the incident. Additionally, a lawyer will work with trusted medical experts who can fully evaluate the situation and help provide expert witness testimony to the insurance carriers or to a medical malpractice trial jury. Going up against medical professionals, their employers, and their legal teams is challenging, and you need an advocate with the resources needed to handle every aspect of the claim.

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