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 and when a recovery is made. Contact a medical malpractice attorney at Nadrich & Cohen now by calling us for a free consultation, texting us from this page, 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 other medical professionals 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. Medical errors such as 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 environments 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. We can review your medical records to help determine if a treatment plan was improper.
Other Types Of Malpractice You May Consult A Medical Malpractice Attorney For
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 file a medical malpractice lawsuit against a medical facility or medical professional. Obviously, the person who suffered direct harm due to malpractice has a right to sue, and usually does in a typical medical malpractice case. 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 The Medical Malpractice Lawsuit Process?
It can be difficult to sue a doctor, emergency room or hospital. It isn’t impossible, though. You can recover full compensation for your damages if you have the right guidance and resources.
It’s important to have adequate evidence to support your case. Experienced medical malpractice lawyers like the lawyers at Nadrich & Cohen will typically help you gather evidence such as:
- Testimony from medical experts
- Your medical records
- Videos or pictures supporting your damages
- Your medical bills
Testimony from experts is one of the most important forms of evidence you can have on your side. This testimony is usually obtained from physicians or doctors in the same field as your case. The purpose of this testimony is to demonstrate that your doctor didn’t provide you with the same standard of care that a doctor who is reasonably competent would have. This testimony can help prove that a doctor, clinic, emergency room or hospital was negligent. You also need to prove that a doctor’s negligence directly caused you to be injured.
In order to file a negligence claim against a doctor, you need to prove that:
- A doctor-patient relationship existed: This means an agreement existed where you agreed to receive treatment and the doctor agreed to treat you.
- A doctor was negligent: Negligence is the failure to exercise reasonable care to avoid harm. You must be able to prove that a physician failed to treat you with reasonable care. Expert testimony can help a lot here. Nadrich & Cohen works with a network of the finest experts in California.
- You were injured by the negligence: You must prove it’s more likely than it is unlikely that your injury was caused by the physician’s negligence. Again, expert testimony is very helpful here.
- Your injury led to damages: You must be able to prove that you suffered damages such as medical bills, lost wages, pain and suffering and more due to your injury.
In California, you have one year from knowing about the injury to file a medical malpractice lawsuit. This time limit is known as a statute of limitations.
There are other legal characteristics and hurdles involved in medical malpractice lawsuits. These add to the difficulty of successfully bringing a medical malpractice case in court. Fortunately, you can navigate these challenges by hiring an experienced medical malpractice attorney like the lawyers at Nadrich & Cohen.
You are allowed to represent yourself in court. However, if you want the best chance of earning the compensation you are entitled to under California law, you should hire an experienced medical malpractice law firm like Nadrich & Cohen. Being represented by the right lawyers can mean the difference between receiving a fair, adequate settlement and having your case dismissed in court.
Call us today for a free consultation.
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 and when the client receives compensation for their personal 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 clearly established damages, 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 medical malpractice lawsuits into the hands of juries versus the certainty of agreed upon settlements. 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 can be appealed.
What Types Of Compensation Are Available In Medical Malpractice Cases?
Economic and non-economic damages are available in medical malpractice cases.
Economic damages are damages which have an objective value. Examples of economic damages available in medical malpractice cases include:
- Medical bills: You may qualify for financial compensation for any medical bills which result from medical malpractice. This includes any medical expenses you have already incurred. This also includes any medical bills you might be reasonably expected to incur in the future. This includes bills for medical treatments, prescription medications, nursing, physical therapy and more.
- Lost wages: You may have missed time from work due to medical malpractice. You might have become too sick or hurt to badly to work for a while. You might have had to miss work to attend medical appointments. You may qualify for compensation for any time you missed from work because of malpractice.
- Loss of earning capacity: You might be unable to ever work again because of malpractice, or you might be unable to ever do the job you used to do again. If you have suffered a loss or reduction of earning capacity because of malpractice, you might be compensated for it.
Non-economic damages are damages which can’t be objectively valuated. Examples of non-economic damages available in medical malpractice cases include:
- Pain and suffering: Medical malpractice can lead to injuries or illnesses, and these can cause physical pain and mental suffering, which you may qualify for financial compensation for.
- Loss of consortium: This is also known as loss of companionship. This is the loss of the benefits of a familial or intimate relationship, such as love, affection, companionship and sexual intimacy. If you have lost benefits such as these due to malpractice, you may be compensated for them.
- Loss of enjoyment of life: If you have been injured by malpractice, you may be unable to enjoy activities you used to enjoy, and you may be compensated for this loss.
In addition, you may qualify for wrongful death damages if you lost a loved one to medical malpractice. Wrongful death damages can be both economic and non-economic. You may qualify for compensation for your loved one’s medical bills, pain and suffering and lost wages. You may qualify for the loss of your loved one’s income, love, companionship and household services. You may be eligible for compensation for funeral and burial costs.
What Is The New Medical Malpractice Cap In California?
The medical malpractice non-economic damages recovery cap in California used to be $250,000. It was $250,000 from 1975 until very recently.
However, in 2022, Governor Gavin Newsom signed legislation to raise this cap. This legislation raised the cap for injury cases to $350,000 and raised the cap for wrongful death cases to $500,000.
In addition, starting in 2024, the injury case cap will be raised by $40,000 every year for ten years, up to $750,000, and the wrongful death case cap will be raised by $50,000 every year for ten years, up to $1,000,000.
Starting in 2034, the injury and wrongful death caps will increase by two percent every year to keep up with inflation.
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 for a free consultation, complete the contact form or text us from this page.
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 us now. We have a California office location near you.