If a negligent act or omission by a medical professional (including error in treatment or diagnosis, breach of doctor-patient confidentiality, wrong illness management) brings to a patient’s damage or harm, we may face a medical malpractice case. In this situation the patient can obtain the right to sue that person for medical malpractice recovery.
Medical malpractice laws protect patients’ rights to claim compensation if injured as a result of negligence. Oftentimes it is hard to prove medical malpractice as it is complex and costly suit. However, if you believe that you suffered damages resulted from medical malpractice, consult with an attorney (especially in light of time limits for filing a medical malpractice lawsuit) and discuss the case with him/her to get help through determining best options. However, there are no guarantees of medical results. Unforeseen or unsuccessful result from medical treatment or surgery does not automatically mean that medical malpractice has been committed.
According to California malpractice law, a patient has the right to file a medical malpractice claim up to one year after the discovery of the act that caused the injury or up to three years from the date that injury occurred. It means that it is not enough to establish that the doctor breached (or did not follow) the standard of care but you must also prove that this breach directly resulted in the injury. It can be a difficult step to prove and often requires the assistance of expert witnesses.
What kind of Medical Malpractice damages can be recovered under California Laws?
1. Economic damages: the victim may get compensation for costs of medical bills and lost wages due to missed days at work. California law does not set forth any limit for this type of damages.
2. Non-economic damages: the victim may get compensation for pain, suffering, inconvenience, and physical impairment. In California, such damages are limited to $250,000.
3. Finally, if the attorney (together with the patient) proves that the healthcare professional actions involved malice or fraud, patient may also receive punitive damages in certain situations. However, punitive damages are awarded in order to punish a medical provider for reckless behavior.
What Types of Medical Malpractice Cases Can The Margarian Law Firm Handle?
The Margarian Law Firm lawyers represent clients involved in various types of medical malpractice cases. When our law firm accepts your California traffic case, you can put your mind at ease. We handle every aspect of your personal injury case, from the very start to the very last moment. We are experienced and successful in the handling of the following types of medical malpractice claims in California:
Call us now for a free consultation - (818) 553-1000 No one is errorless, but when a health care professional or a hospital acts negligently and causes injury to a patient, that is a reason to sue them. Let us take that burden from you.