Why You May Need a Medical Malpractice Lawyer
If you’ve been injured by a health care provider’s negligence, you may be wondering how to proceed legally. You’ll need to contact a medical malpractice lawyer to discuss your case.
How medical malpractice lawyer can help
Medical malpractice is a failure of a health care provider to meet the standards of practice and patient safety that they would normally follow.
Therefore, an injury sustained from this type of negligence can lead to physical pain, emotional stress, and even financial hardship. That is why you need to find an equitable solution for a reasonable settlement. By working with a medical malpractice attorney, you can protect your financial interests while receiving the care you need.
An overview of medical malpractice and negligence
In a typical medical malpractice case, the plaintiff claims that the defendant did not meet the “standard of care” that most doctors would follow in the same situation. In other words, the defendant acted thoughtlessly and without due diligence.
Why it’s imperative you contact a medical malpractice lawyer
A medical malpractice lawsuit is complex. Moreover, it is easy to make mistakes and lose valuable time if you file a lawsuit yourself. The statute of limitations (SOL) for medical malpractice cases in California is three years from the discovery of the injury. If you try to file a lawsuit after this time, you won’t be able to go forward with the case.
The elements of negligence
A medical malpractice attorney knows how to navigate the court system and make the proper filings. He or she can also help you determine negligence. To prove you case, you must show the following:
- A duty of care or an obligation existed where the health care provider was supposed to exercise a reasonable level of care – one that another practitioner would provide in the same situation.
- The healthcare provider breached this duty by failing to meet their obligation.
- Because of this breach, the plaintiff suffered harm or an injury.
- The resulting harm or injury resulted in certain damages, such as additional medical costs, pain and suffering, and income loss.
To ensure success in a medical malpractice lawsuit, you need to seek legal counsel. You don’t have to pay for the legal services you receive unless and until your lawyer negotiates a settlement.
While you recuperate, an experienced attorney can gather evidence, pay certain medical expenses in advance, and request the services of expert witnesses. If you do it yourself, you won’t have this type of advantage.
Stay up-to-date on the status of your case
A medical malpractice lawyer will keep you informed about the status of your case. He or she can tell you, for example, what they’ve determined from their investigation on your claim. This entails investigating hospital records, physician notes, and any other healthcare records that can show an attorney what exactly went wrong.
Usually, after gathering this type of evidence, the attorney will contact a medical expert, such as a medical professor or head of surgery, to support your claim. This type of preparation is necessary before you file your lawsuit, as the court needs to know specific details for scheduling a mediation, a settlement, or a trial.
Always discuss your case with an attorney first
Never speak to the other party’s insurance company about your situation without first speaking to an attorney. If you want to experience the best outcome, you need to rely on an attorney’s expertise and advice.
Medical malpractice caps on non-economic damages in California
In California, legislators cap the amount for non-economic damages in medical malpractice cases. Non-economic damages cover non-medical expenses, such as pain and suffering, loss of enjoyment of life, or anxiety – damages that result in losses that are difficult to measure in dollars.
These types of damages are covered under the guidelines set out in the 1975 Medical Injury Compensation Reform Act (MICRA), codified under section 3333.2 of the California Civil Code.
Recent legislation impacting non-economic caps
Recent legislation that California’s Governor Gavin Newson signed into law will increase the cap for non-economic damages, beginning in January 2023. The new cap applies to claims filed after that date. While the present caps are set at $250,000, the new 2023 cap is $350,000 for malpractice injuries or $500,000 for non-economic damages for injuries that led to wrongful death.
The legislation also covers an increase in caps from 2024 until 2034, when the limits will reach $750,000 for regular malpractice claims and $1 million for wrongful death amounts. After 2034, the amounts will be adjusted yearly by two percent to cover inflation.
Uncapped Amounts in Medical Malpractice Cases (Economic Damages)
In California, no caps are set on economic damages in medical malpractice cases. These damages cover medical costs (for both prior or future care), resulting from negligence, lost wages, or the patient’s inability to earn a living. MICRA legislation does not affect these damages.
Who to contact to file a medical malpractice lawsuit in California
Contact Jance M. Weberman Law if you wish to file a medical malpractice claim. Contact the legal firm at 213-386-9100 now. Make sure you receive the money you deserve for your medical malpractice case.