California Medical Malpractice Attorneys
When we suffer an illness or injury, we typically seek help from doctors and other professionals in the medical field. Oftentimes, we expect perfection, but the reality is that everyone makes mistakes – even the best doctors. The problem is that when a doctor makes a mistake, it can cause serious injury or even death. This is called medical malpractice, and if you or a loved one is a victim, it’s important to understand your legal rights.
If you or a loved one has been the victim of medical negligence, contact the medical malpractice lawyers of Nadrich & Cohen today. Don’t wait as there are strict time limitations for making a claim. Our team of attorneys has successfully handled many medical malpractice claims on behalf of victims and their families. Contact us today for your free case evaluation, by calling 1-800-718-4658, using the live chat feature, or completing the contact form on this page. We are available to answer all of your questions and advise you of your legal options. We handle California medical malpractice claims throughout the state.
What Constitutes Medical Malpractice in California?
Medical malpractice occurs when a Doctor or other medical professional fails to meet the general standard of care when treating a patient. Not every negative result constitutes malpractice. Rather, in addition to failing to meet a general standard of care, the injury must occur as a result of the failure.
What Are The Most Common Medical Malpractice Errors?
Failure to Diagnose
When a physician fails to properly diagnose a patient, this can constitute medical malpractice. If, for example, a medical professional fails to properly identify a cancerous growth, when a reasonable medical professional in the same situation would have properly diagnosed cancer, this constitutes malpractice.
Operating on the Wrong Body Part
A common medical malpractice mistake occurs when the surgical center fails to take reasonable precautions to properly identify the correct body part. Surgeries removing the healthy eye, the unaffected limb, etc. result in medical malpractice claims.
A failure to properly sterilize instruments, clean work surfaces, or clean linens, can result in serious infections, which, in some cases, lead to death. The failure of a medical facility to provide clean and safe instrumentation and environment can lead to a medical malpractice claim, should the patient suffer harm.
Items Left Behind
In some cases, a medical professional may leave an instrument, a tool, a sponge, or another item inside the patient during surgery. Best practices include counting all items before surgery begins and again before the patient is finished with surgery. However, this does not always occur.
Even where a medical professional gets the diagnosis correct, if the treatment plan is improper, medical malpractice may still occur.
Other Types of Malpractice
This entry seeks to identify the most common types of medical malpractice. It is by no means a complete list. Because medical professionals are human, the potential for malpractice claims is limited only by the behavior and the choices of the actors. As California medical malpractice lawyers, some common types of claims we handle include:
- Birth Injury
- Cerebral Palsy
- Cancer Misdiagnosis
- Failure to Timely Diagnose
- Kaiser Malpractice
- Scripps Malpractice
- Anesthesia Errors
- Prescription Errors
- Radiology Errors
- Anesthesia Errors
- Prescription Errors
- Surgical Errors
- Traumatic Brain Injuries
- Wrongful Death
Who Can Sue for Medical Malpractice?
Because of the nature of medical malpractice, there are several different classes of people who can sue a medical facility or medical professional for malpractice. Obviously, the person who suffered direct harm due to malpractice has a right to sue. Because medical malpractice can result in death, survivors, such as a spouse, parent, or child, also may have the right to sue for medical malpractice. In the case of injury to a child, parents or a guardian can sue on behalf of the child.
What is MICRA and How Could MICRA Impact my Claim?
MICRA is short for the Medical Injury Compensation Reform Act of 1975. This statute limits your recovery for non-monetary damages. For most people, this specifically refers to recovery for pain and suffering. MICRA limits your recovery for pain and suffering to $250,000. This amount has remained constant since the bill was signed into law by then Governor Jerry Brown back in 1975.
How Are Medical Malpractice Lawyers Paid?
California medical malpractice lawyers are paid “on contingency.” This means their payment is “contingent” on (or “based on”) a monetary award – either as the result of a trial, or a negotiated settlement. Medical malpractice lawyers in California only receive payment if the client receives compensation for their injury. California has very specific rules regarding attorneys’ fees and the permissible percentage of the settlement or award an attorney may collect. Because California law bases the permissible percentage on a series of factors, recovery varies from case to case.
How Are Medical Malpractice Settlements Calculated?
In determining the value of a medical malpractice case, a number of different considerations take place. First, attorneys identify damages clearly established, such as lost wages due to time off work, medical bills, the cost of durable medical equipment, etc. Next, attorneys consider the present day value of lost future earnings, where applicable. Attorneys also consider pain and suffering when calculating a potential medical malpractice settlement.
In addition, seasoned attorneys consider the risk of putting the case into the hands of the jury versus the certainty of an agreed upon settlement. They also consider the emotional cost of a trial on the client and their family. Finally, a settlement finalizes the case, unlike jury verdicts, which are appealable.
Nadrich & Cohen Offers Statewide Representation
We offer medical malpractice representation throughout the state of California. If you or a loved one were injured due to medical negligence, immediately contact the medical malpractice attorneys at Nadrich & Cohen. There are strict deadlines for making a medical malpractice claim in California. Don’t delay contact us today by calling 1-800-718-4658, using the live chat feature or completing the free case evaluation form on this page. Our medical malpractice attorneys work on a contingency fee basis and are only paid if a recovery is made. Call today for your free medical malpractice case evaluation.