Like the rest of us, medical professionals will make mistakes on the job. However, their mistakes can have severe health consequences for patients, which can sometimes be life-threatening. As such, the law allows patients to hold doctors and health care providers accountable for their errors.
If you or someone you love suffered an injury because of medical negligence, a Santa Ana medical malpractice lawyer can help you determine if your situation merits a medical malpractice lawsuit. Get in touch with Ben Crump, PLLC, today by dialing (800) 641-8998 for a free consultation.
You Should Not Have to Pay the Costs of a Preventable Medical Error
When health care providers make mistakes, their actions can give rise to severe injuries that could prevent patients from returning to work and leave them with mounting medical bills. Victims may soon find themselves under financial stress facing an uncertain future. Fortunately, some laws make negligent medical professionals accountable for the losses they cause patients.
Through a malpractice lawsuit, you can seek restitution for losses stemming from medical negligence. Doctors and hospitals owe you a duty of care that should have prevented you from getting hurt. When a violation of this duty occurs, you may be entitled to damages such as hospital bills, medical expenses, physical therapy, home health care, lost earning capacity, lost wages, and emotional distress. A Santa Ana medical malpractice lawyer can tell you more about the best way to approach your case and start a claim.
For a free legal consultation with a medical malpractice lawyer serving Santa Ana, call 800-641-8998
How California Defines Medical Malpractice
Under California Code of Civil Procedures (CCP) §340.5, medical malpractice or professional negligence happens when a health care provider’s negligent act while rendering professional services caused personal injury or wrongful death to a patient. The services should be included in the scope of services that the provider is licensed to perform.
However, a medical error does not always justify a malpractice lawsuit. It is essential to determine if a medical provider did not abide by the recognized standard of care for health care professionals, as outlined in the California Civil Instructions (CACI). The failure to follow the industry standards should have resulted in an avoidable injury before a patient can bring a medical malpractice case.
It might be possible to take action if one or more of the following situations took place:
- Delayed diagnosis
- Failure to obtain informed consent
- Anesthesia error
- Error in reading an X-ray
- Surgical error
- Medication error
- Defective medical device
- Emergency room error
- Infections resulting from improper technique or treatment
State medical malpractice laws apply without limitation to licensed health care providers and facilities, including physicians and their assistants, nurses, hospital staff, pharmacists, dentists, and other medical professionals contributing to the patient’s injuries. Correspondingly, malpractice may occur in various patient settings like emergency rooms, hospitals, operating rooms, pharmacies, birthing centers, and diagnostic labs. A Santa Ana medical malpractice lawyer can help analyze your case’s facts and determine whether your claim has merit and qualifies to be filed in court.
Santa Ana Medical Malpractice Lawyer Near Me 800-641-8998
Proving Your Malpractice Claim
As mentioned earlier, your malpractice lawsuit in California should be based on a professional negligence claim. You will need to establish a doctor-patient relationship and show that your doctor strayed from the standard duty of care they owed you. Next, you will need to prove that your doctor’s careless acts or omissions led to your injuries. Lastly, you must demonstrate that you suffered harm because of the medical malpractice.
Building a successful claim may not be as easy as it seems since you would have to show compelling evidence of liability. This mainly involves establishing that you suffered damages when your health care provider did not do what another professional in the same field and situation would have done. In many cases, the jury will base their decisions on evidence that shows what a doctor should have done as per the standard of care for health care providers. You would have to rely on expert witnesses’ testimony who can attest that your doctor or another medical provider has been negligent.
A Santa Ana medical malpractice lawyer knows the type of evidence and documentation you need to prevail in your case, as well as the experts that could strengthen your claim. Consider hiring a legal representative who can also competently identify all those who should be held responsible for your losses, discover what happened, and determine how you were injured.
Laws That May Affect Your Case
Multiple rules will govern your medical malpractice case, and any violation of them may compromise your right to take legal action. If you decide to continue with a malpractice suit, you have three years from the date of your injury or one year from the date you discovered your injury to do so, whichever comes first. There are special cases where the statute of limitations shortens or extends the legal deadline, but you can speak with a lawyer immediately to protect your right to pursue compensation.
While there is no limit to the number of compensatory damages you may sue for, the law puts a cap on non-economic damages in Santa Ana malpractice cases, according to California Civil Code (CIV) §3333.2. Intangible losses such as inconvenience, pain and suffering, disfigurement, and scarring cannot exceed $250,000.
If the court or jury decides that you share some liability for your injuries, they will reduce your damage awards in proportion to your share of fault. On the other hand, this rule of pure comparative negligence in California allows you to receive compensation even if you were 99 percent responsible. This shall apply whether you are undergoing litigation or settlement negotiations.
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Let Us Help You Rebuild Your Life
Ben Crump, PLLC, is committed to helping you focus on healing from your injuries and moving forward. We are prepared to take on the arduous task of pursuing a claim for the harm you suffered because of a health care provider’s wrongful or negligent act. Call us today at (800) 641-8998 for a free, no-obligation consultation with a strong Santa Ana medical malpractice lawyer.