Long Beach and Santa Ana Medical Negligence Attorney
What is Medical Malpractice?
Medical malpractice is most commonly associated with doctors making mistakes in treating patients, but the scope of medical malpractice is much larger. Medical malpractice includes any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient.
Elements to Prove Medical Malpractice
Medical malpractice claims must satisfy all of the following:
Injury: the doctor or health care provider caused injuries to the patient.
This is very often difficult to prove. Most likely you were not in the best of health when you first went to see the doctor, and you don't have the medical expertise to prove the injury connection. You usually need an expert witness to testify on your behalf.
Negligence: carelessness on behalf of the doctor or health care provider.
You must show that the medical treatment fell below the "accepted standard of care". The test for "accepted standard of care" is generally what a reasonable health care professional in your community would do in similar circumstances.
Statute of limitations: the time limit when you must bring a claim.
The time limit for filing medical malpractice claims in California is “one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury."
Types of Medical Malpractice
- Failure to Perform Surgery or Other Medical Procedure Properly
- Delay in Treatment
- Failure to Properly Explain Medical Procedure or Potential Side Affects
- Prescription Errors
- Failure to Diagnose Medical Condition
- Improper Treatment
- Anesthesia Errors
Winning a Medical Malpractice Case
Medical malpractice claims are very difficult to pursue. Most medical malpractice cases are very expensive because they involve numerous expert medical witnesses and complicated facts. Doctors are usually unwilling to admit any errors, and have the resources to contest any lawsuit. There are also many state limits on medical malpractice awards.
California places a cap on non-economic damages for medical malpractice cases. Non-economic damages, defined as compensation for pain, suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary injury, are limited to $250,000. The cap applies whether the case is for injury or death, and it allows only one $250,000 recovery in a wrongful death case.
Do You Need an Attorney Experienced with Medical Malpractice?
If you or a loved one has suffered from medical malpractice, contact the malpractice attorneys with the McIntosh Law Corporation who can explain your legal rights as they pertain to personal injury resulting from medical malpractice. The experienced attorneys with the McIntosh Law Corporation will not only be able to review your case, but they can also provide advice and assistance when dealing with medical professionals and insurance companies that are liable for your injuries. Contact us today for more information about how we can work with you to help you receive compensation for your personal injuries from medical negligence. We look forward to working with you to receive the compensation you deserve.
