Nadrich & Cohen’s medical malpractice attorneys have successfully resolved many medical negligence claims on behalf of victims and their families. There are strict time limitations for making a malpractice claim under California law. Therefore, if you believe that you may have a claim, call us now for a free and confidential consultation. Let us evaluate your case and advise you of your legal options.
There is no upfront charge for our services. We only collect a fee for our services, if a recovery is made. Contact our medical malpractice legal team now by calling 1-800-718-4658, using the live chat feature, or completing the brief contact form on this page.
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, injury must occur as a result of the failure.
What are Most Medical Malpractice Cases Related to?
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 the 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 other 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
- Anesthesia Errors
- Medication Error
- Brain Injuries
- Wrongful Death
- Radiology Errors
- Surgical Errors
- Failure to Timely Diagnose
- Amputation Errors
- Cancer Misdiagnosis
Who Can Sue for Medical Malpractice in California?
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.
We Offer Statewide Representation
We offer medical malpractice representation throughout the state of California. Our medical malpractice legal teams have successfully resolved many Scripps malpractice and Kaiser malpractice claims. We have pursued claims against private and public healthcare facilities. If you are faced with an injury as a result of malpractice, contact us immediately for a free consultation. There are strict time limits for making a medical malpractice claim in California. Do not delay, call us now at 1-800-718-4658, complete the contact form or use the live chat feature.
We only handle medical malpractice claims on a contingency fee basis. Therefore, there is no upfront cost for our services. We represent medical malpractice victims and family members who lost a loved one due to medical malpractice.
We recovered $35,000 for a child’s tissue loss due to Bakersfield Medical Clinic’s failure to diagnose a spider bite in time.
Call us today for your free, confidential medical negligence consultation. Call 1-800-718-4658 now. We have a California office location near you.