People in need of healthcare naturally turn to medical professionals for help. Unfortunately, the care or counsel they receive can sometimes make their condition worse.
If you or a loved one suffered injuries or medical complications because of a healthcare professional or institution’s errors, you could take legal action. Seek legal counsel from a Long Beach medical malpractice lawyer at Ben Crump Law, PLLC to understand your rights and options for obtaining compensation. Call (800) 641-8998 now to find out if you have a legitimate medical malpractice case.
What Is Considered Medical Malpractice in Long Beach
Just because your procedure was unsuccessful or did not result in the outcome you were expecting does not mean you have grounds for filing a medical malpractice claim. However, patients are owed a duty of care from their doctors and other medical providers. The duty of care is based on what other professionals in the field would have done in a similar situation.
There are certain recognized practices for providing treatment and giving proper diagnoses in the medical community. If a healthcare professional deviates from the accepted practices, they may be committing malpractice.
If you are considering whether to file a claim against a medical practitioner, assess if the following applies to your case:
- You had a doctor-patient relationship
- There has been a negligent act
- The negligence caused your injury or other losses
- You suffered actual harm
You cannot sue if a healthcare professional did not treat you directly or officially give you medical advice. Negligence must also be present, which should have led to your injury. Most importantly, you cannot file a suit if you do not have actual injuries or damages.
Your medical costs can pile up quickly when you develop serious complications. If you meet the criteria, a Long Beach medical malpractice lawyer can help you file a claim and build a case to get compensation. Establishing negligence can be especially tricky, but your attorney can utilize resources and experience to help with this aspect.
For a free legal consultation with a medical malpractice lawyer serving Long Beach, call 800-641-8998
Understanding California Medical Malpractice Law
One particular thing to note is that California Civil Code (CIV) § 3333.2. places a cap on non-economic damages but not economic damages. This means that patients who prevail in their cases can only receive a maximum of $250,000 in non-economic damages like physical impairment, pain and suffering, loss of enjoyment of life, and mental anguish. If you want to know more about this law and how it could impact your case, do not hesitate to talk with a Long Beach medical malpractice lawyer.
Long Beach Medical Malpractice Lawyer Near Me 800-641-8998
Filing a Medical Malpractice Claim in Long Beach
When healthcare professionals fall short of living up to their industry’s standard of care and cause you to suffer injury and other harm, you may be able to hold them accountable through legal action. Keep in mind that if healthcare professionals or institutions’ negligence results in permanent injury, a lawyer might recommend that you include lifetime costs in your expenses computation. Doing so helps ensure that you obtain the compensation to sufficiently cover your injuries and other damages. Also, you may be able to file a wrongful death suit if your loved one died due to malpractice.
Before filing a claim, try to speak to your doctor to see if there is a way to remedy or correct the issue without taking legal action. If your doctor does not want to perform corrective action, you can proceed with bringing a case.
Even though a medical malpractice claim may be a way to secure a fair settlement, it could also be complicated and time-consuming. As such, you can consider working with a Long Beach medical malpractice lawyer who can help you save time and simplify the processes.
Notice to HealthCare Provider
If you decide to continue with your lawsuit, be aware that California requires you to formally notify the defendant of your intentions. Under California Code of Civil Procedure § 364, you must give notice at least 90 days before you file your suit. The notice must include your claim’s legal basis, the kind of losses you suffered, and the nature of your injuries.
Complete a Free Case Evaluation form now
Statute of Limitations
You only have a given period to bring your claim before the court dismisses your case. For your medical malpractice suit, you typically have three years to do so, beginning from the date of your injury under CCP § 340.5. Exceptions do not apply to most cases, but the deadline can become shortened or extended if they do.
For instance, the statute of limitations is different if your injuries became apparent at a later date. In this situation, you only have one year to bring your claim, starting from the time you discovered your injuries. You can work with a Long Beach medical malpractice lawyer as soon as possible to make certain you do not lose your right to bring a potential lawsuit.
You Do Not Have to Suffer for a Medical Professional’s Mistake
We understand it can be difficult to have your life altered because of someone else’s wrongdoing. If a doctor, hospital, or other healthcare provider did not do their job correctly, you might be entitled to pursue fair compensation. Hiring a Long Beach medical malpractice lawyer can help you determine whether you have a case and find out the next step to take. Contact Ben Crump Law, PLLC, today at (800) 641-8998 for a free case evaluation and consultation.