MEDICAL MALPRACTICE
What is Medical Malpractice?
Medical malpractice refers to the negligence or wrongful actions of a healthcare professional, such as a doctor or nurse, which causes harm or injury to a patient. Common examples of medical malpractice include misdiagnosis, surgical errors, medication errors, and failure to properly treat a medical condition. Patients who have suffered harm due to medical malpractice may be entitled to compensation for their damages, such as medical expenses, lost wages, and pain and suffering. To succeed, the injured patient needs to prove that the healthcare provider breached the standard of care and caused the injury. If a victim of medical malpractice seeks to pursue a claim, it is important to consult with an experienced personal injury and medical malpractice attorney who specializes in this area of law.
Can I Sue a Doctor or Medical Professional for Injuring me?
Under California law, a patient may pursue a civil claim or lawsuit against physicians or other health care providers if the health care provider causes injury or death to the patient through a negligent act or omission. For a medical malpractice case to be successful, it must be established that: (1) A doctor-patient or medical professional-patient relationship existed; (2) The doctor or other medical professional violated the duty of care they owed; (3) the patient's injuries were caused by the doctor or other medical professionals actions or omissions; and (4) that the patient suffered damages as a result of the medical malpractice. In California, you may bring a medical malpractice case against a medical care provider, including a medical doctor, nurse, physical therapist, and mental health care professional.
What If I Have No Evidence?
Many people who have suffered from medical malpractice fail to take any action against those who caused it because they believe that there is no evidence of illegal actions. However, our personal injury attorneys have various ways to obtain the evidence needed for your lawsuit. For example, we can request documents (including records, reports and other documents) from anyone involved, subpoena witnesses to testify, and even take the deposition of the medical professionals who caused the accident. Very often there is more evidence than you might think exists, and this evidence can help strengthen your case.
Are There Deadlines for Filing a Lawsuit?
Medical malpractice cases have numerous deadlines that can come up fast, so it’s important that you speak to our personal injury attorneys as soon as possible. Generally speaking, a lawsuit for a medical malpractice must be filed within one (1) year after the incident. However, depending on the specific acts, people, and entities involved, there may be other deadlines as well. For example, you must need to file a Government Tort Claim within six (6) months of the incident if the hospital or medical facility where the medical malpractice occurred was publicly owned. Because of the many and complicated deadlines involved in a medical malpractice case, it is important to retain a personal injury lawyer and file a lawsuit before the statute of limitations – or deadline – expires on any of your potential claims.
What Is My Case Worth?
Generally speaking, medical malpractice cases have three types of damages: 1) economic, or special damages; 2) non-economic, or general damages; and 3) punitive damages. The value of your case depends in large part on these factors, as well as a fourth – liability.
Economic, or special, damages include payment for past and future medical expenses, and past and future lost earnings, among other types of losses. Non-economic, or general, damages include your pain and suffering. For example, if you injure your arm and require surgery, the pain and suffering stemming from the injury, the resulting surgery, and the loss of use of that arm while you’re recuperating, may be compensable as a non-economic injury. Non-economic damages also include loss of consortium – damages that the spouse of an injured person incurs, such as loss of companionship and support. Because you must prove that you sustained these damages, it’s important to get all medical treatment and psychological care that you need.
Punitive damages, although rare, exist to create a deterrent for other companies from behaving in a similar manner. To obtain punitive damages, you must show that clear and convincing evidence that the defendant acted with oppression, fraud or malice.
The last factor is liability. Every case has good facts and bad facts. The more good facts there are in your case, the more likely it is that you will win at trial, and the more likely it is that the defendant will pay more to settle the case. How do your attorney and the defendant's attorney discover good and bad facts? Through the discovery portion of the case, described above. This means that the value of a case can change as both good and bad facts are discovered throughout, and why a good personal injury lawyer can maximize the value of your case.
GET HELP NOW
Our personal injury attorneys have over a decade of experience fighting for the injured against the largest insurance companies in the country. Our office handles all manner of personal and catastrophic injury claims throughout California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, Ventura, Santa Barbara, and Kern counties. If you or a loved one has been injured, please contact our office for a free consultation.