|
|
1. What exactly constitutes a medical negligence claim or a medical
malpractice case in the state of California?
In order for you to prevail in a California medical malpractice
lawsuit in the state of California, you must prove that the medical
injury you suffered was as the result of the negligence of some
doctor, hospital, or other medical care provider. You must also
prove that such medical or health care provider owed you a duty of
care and that they breached their duty to you, thereby causing you
harm. It must be proven that their level of care to you fell below
the acceptable standard of care in the medical community, and that
you suffered damage as a result.
2. Can I only sue my doctor for my injuries caused by medical
negligence?
No. California medical malpractice claims may be made against any
medical provider including, but not limited to, physicians,
surgeons, nurses, hospitals, chiropractors, pharmacists, pharmacies,
physical therapists, psychologists, psychiatrists, pathologists, lab
technicians, and laboratories, dentists, and dental assistants,
among many others. In short, any health care provider or health care
facility may be a defendant in a medical malpractice law suit.
3. In a California medical negligence case, what damages can I
recover in my medical malpractice lawsuit?
In terms of monetary recovery, a California medical malpractice case
is like any other California personal injury case, in that the
Plaintiff may recover "special" damages and "general" damages.
Special damages refer to all out of pocket expenses incurred (or to
be incurred) as a result of the medical negligence. Such special
damages include, but are not limited to medical treatment costs,
surgery, therapy, prescriptions, etc, as well as lost wages and loss
of future earnings. General damages refer to non-economic damages
for such things as pain and suffering, depression, loss of normal
activities, lifestyle changes, scarring and disfigurement,
embarrassment, etc.
4. How do I prove that I have been injured through medical
negligence?
Your attorney must show through evidence that your medical care
provider(s) injured you by treatment of you which fell below the
acceptable level of standard of care. Medical expert witnesses must
be hired to testify on the issues of standard of care and the
defendant medical care provider's breach thereof. Your economic and
non-economic damages must also be proven. The cost of litigation and
expert witnesses may be very high. If we believe you have a very
strong case, and that your damages are significant, we may bear the
cost of those expenses until such time as your case is resolved.
5. How much money will I receive if I win my medical malpractice
case?
Now, there's a tough question. Every single case is different. The
combinations of injuries and economic loss are innumerable. However,
one thing is for certain. The California legislature has limited a
plaintiff's non-economic damage recovery to only $250,000.00. That
is to say, that is the maximum obtainable for the pain and suffering
element of a California medical malpractice claim. On the other
hand, there is no statutory limit to the economic damages that you
may recover through your medical negligence lawsuit.
6. What if the medical malpractice results in the death of
someone?
A dependent, such as the wife or child of the deceased, may be
entitled to the loss of wages and loss of support previously
provided by the deceased . The family is also entitled to recover
funeral expenses and medical expenses that occurred. It may not be
economically feasible for a non-dependent relative to pursue a
medical malpractice claim.
7. I'm not sure if I have a medical negligence case or not. What
should I do?
Don't wonder. Ask us! That is what we are here for. We will listen
to all of your circumstances and help you to analyze your situation.
We don't expect you to be the expert. Our attorneys and staff
members are very courteous and understanding. We will help you make
important decisions. Remember, your initial consultation is
absolutely free, and you are under no obligation to hire us. We look
forward to speaking with you!
CALL NOW! TOLL FREE 1-800-221-9591 FREE CONSULTATION
|
|
 |
|
