Medical Malpractice Attorneys
When you, or a family member, is in the hospital you expect the care you receive to be top-notch, because the staff treating you is highly trained.....and paid very well.
But even with all the expertise surrounding you, mistakes can happen....sometimes with devastating consequences.
My name is Ed Smith and I'm a Sacramento Medical Malpractice Lawyer. And I've been successfully helping Sacramento area families work through medical malpractice issues for decades.
If you have questions about a medical malpractice issue, I can answer them. Call me at 916-921-6400, toll free at 800-404-5400 or contact me online for a FREE, no obligation consultation.
Medical Malpractice occurs when a physician fails to properly treat a medical condition and the negligent act or omission is the cause of a new - or aggravated injury - to the patient. Obviously the physician cannot be responsible for the original underlying medical problem - but for a new injury....they can.
Types of Medical Malpractice
The negligence in medical malpractice cases can occur in a variety of situations including but not limited to:
- There may be "medical malpractice" by a delay or failure in diagnosing a disease; or
- A surgical or anesthesia related mishap during an operative procedure could constitute "medical malpractice"; or
- Malpractice may involve the physician's failure to gain the informed consent of the patient for an operation or surgical procedure; or
- A physician who has made the correct diagnosis may thereafter commit malpractice by failing to properly treat the disease process;
- Misuse of Prescription Drugs or a Medical Device or Implant can also be medical malpractice.
Make Sure You Choose an Experienced Medical Malpractice Lawyer
It is the attorney's obligation to determine as quickly and efficiently as possible whether there is a good, actionable case.
This is so because MEDICAL MALPRACTICE cases are, by their very nature, complex, expensive to pursue, have a high risk of no recovery, and often involve a client's "personal" attachment.
The first step in the process involves the potential client entering into an agreement with the attorney in which agreement sets forth the method of attorney compensation.
Typically the attorney agrees to advance all costs, only to be repaid in the event of recovery, and to work on a contingent fee basis, meaning the attorney would receive a percentage of the gross recovery.
So....no recovery means you pay nothing.
During the initial client contact, the attorney will obtain a detailed medical history during which the attorney should obtain the names of all physicians and hospitals that have rendered medical treatment to the client.
It is valuable for a client to prepare a written summary (timeline) of all medical treatment including dates, doctors, symptoms, conversations with medical providers, and treatment received.
Thereafter, all relevant medical records are obtained by the attorney. In many medical malpractice cases, proof of negligence is found in these records.
In order to determine if there is "medical malpractice" it is necessary that a medical expert be retained to consult with the plaintiff's attorney.
This expert should be well qualified to give a medical opinion, and is therefore frequently board certified in the relevant field of medicine. If, after a thorough review of the medical records, the medical expert concludes "with reasonable medical certainty that the action or inaction of the defendant physician was the cause of damage to the plaintiff," it is appropriate to file suit against the physician/hospital.
Filing suit begins the legal process which may cover a period of several years. During this period both parties exchange a series of documents.
In the first stage, the legal pleading stage, the parties set forth with precision their legal theories.
In the second stage called, the discovery stage, the facts to support the various legal theories are developed.
If the parties are not able to resolve their differences the case, now in its third stage, will go to trial before a judge and jury.
If you or a loved one has suffered as a result of medical malpractice, why not give me a call. I'm one of the most experienced Medical Malpractice Attorneys in Sacramento.
For a FREE consultation, Call me at 916-921-6400, 800-404-5400 if the call is long distance, or email me. .