California law allows patients who have been injured because of medical professional negligence to seek monetary compensation for their injuries in a medical malpractice lawsuit.
If you have suffered injuries as a result of a medical professional’s actions or inactions, you owe it to yourself and your loved ones to consult with the California medical malpractice attorneys at Avrek Law Firm, to investigate. We’ll help assess your legal rights. Contact us at 1.888.333.5009 to schedule a free no obligation initial consultation.
We serve medical malpractice clients in Riverside and surrounding communities in Riverside County, as well as Irvine and surrounding communities in Orange County. You don’t pay legal fees until you obtain monetary compensation in a settlement or court verdict. We are here to help you.
How Do You Prove Medical Malpractice?
Medical malpractice in California occurs when a patient is injured as a result of a health care professional’s breach of the expected standard of care when treating the patient. The expected standard of care essentially boils down to what a reasonable health care professional of similar training and background in the community would do when treating a patient suffering from a particular disease or ailment.
Expert testimony is required to prove that the breach of the standard of care caused the injuries in question. The need for expert testimony adds to the complexity and difficulty in proving medical malpractice cases.
The standard of care can vary based on a number of factors, such as the patient’s age, overall health, and specific medical condition. The geographic location of the health care professional can influence the standard of care as well. For example, a physician in a research hospital with access to a wide array of medical resources would be held to a different standard of care than a general practitioner in a rural setting with fewer resources readily accessible.
Types Of Medical Malpractice
Medical malpractice can occur in any number of situations, including:
- failure to diagnose a particular medical condition or disease
- misdiagnosis of a medical condition
- delayed diagnosis of a medical condition
- failure to properly perform surgery or other medical procedure
- prescribing the wrong medication or wrong dosage
- improperly administering medications
- delayed medical treatments
- failure to inform a patient about medical procedures or potential side effects
- anesthesia errors
- Birth related injuries to the mother or the baby
Medical malpractice encompasses the entire course of treatments and applies to any health care professional involved in the treatment of a patient.
Medical Malpractice Damages
The monetary compensation an injured patient seeks in a medical malpractice case is referred to as damages. A patient who has suffered injuries as the result of medical malpractice is entitled to two different kinds of damages. The first is known as compensatory damages (sometimes referred to as economic damages). This form of damages entails actual economic loss (out of pocket loss) resulting from medical malpractice, such as medical bills and lost wages.
The second form of damages is more intangible in nature. These non-economic damages compensate an injured patient for any pain and suffering, physical impairments, disfigurement, or inconvenience resulting from medical negligence. California law imposes a cap of $250,000 on non-economic damages in medical malpractice cases.
In unusual cases, a patient may be entitled to punitive damages, which are meant to punish a medical professional for reckless actions.
Deadline To File A California Medical Malpractice Case
California civil lawsuits must be filed within certain deadlines. This is known as the statute of limitations. A failure to file an otherwise legitimate case in time will bar the injured person from receiving any compensation for the injuries. That’s why it’s important to act quickly when a personal injury is involved.
Generally, an injured patient can file a medical malpractice case in California up to one year after discovering the act that caused the injuries. If the malpractice case is based on a foreign object being left inside the body following surgery, the deadline period does not begin until the patient discovers, or should have discovered, the foreign object.
Assess Your California Medical Malpractice Legal Rights
If you believe you have been injured as a result of the actions of a medical professional, you may have the legal right to monetary compensation. Contact the experienced California medical malpractice attorneys at Avrek Law Firm, at 1.888.333.5009 to schedule a no obligation free initial consultation.