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Sacramento Medical Malpractice Lawyer
When you or a family member is in the hospital, you expect your care to be top-notch because the staff treating you is highly trained and paid well. But even with all the expertise surrounding you, mistakes can happen, sometimes with devastating consequences. This is known as medical malpractice.
Medical malpractice happens when a doctor fails to treat a medical condition properly, and negligence is the cause of a new injury. The physician cannot be responsible for the original underlying medical problem but can be held liable for the new injury.Types of Medical Malpractice
Medical malpractice can occur in various situations, including:
- Delaying or failing to diagnose a disease.
- The doctor's failure to gain the patient's informed consent for an operation or surgical procedure.
- Anesthesia or surgical-related incident during an operative procedure.
- Misuse of a medical device or prescription drugs.
- Failure to adequately treat the disease process.
The attorney must determine whether there is a good, actionable case as quickly and efficiently as possible. This is because medical malpractice cases are difficult and expensive to pursue, and they have a significant risk of no recovery, but they usually involve a client's personal details.
The initial step involves the potential client entering into an agreement with the attorney to set the lawyer's fee. The attorney typically agrees to pay all initial costs and only be repaid after the case settles and works on a contingency fee basis. The attorney would receive a percentage of the gross recovery.
No Recovery Means You Pay NothingIn the initial client consultation, the attorney will collect a thorough medical history, which involves acquiring the names of all healthcare providers and hospitals who cared for the client.
A client must write a summary of all medical records, including doctors, dates, symptoms, treatment, and conversations with medical providers. All relevant medical records will be obtained by the lawyer, and proof of negligence is found in these records.
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Determining Medical MalpracticeTo determine if there is medical malpractice, a medical expert must be hired to work with your attorney. This expert should be qualified to give a medical opinion and is, therefore, frequently board-certified in medicine. After a complete review of the client's medical records, the medical expert determines with reasonable certainty that the action or inaction of the physician was the cause of injury to the plaintiff. It is appropriate to file a suit against the doctor or the hospital.
Initiating a lawsuit marks the commencement of the legal proceedings, which can extend over several years. Throughout this timeframe, both parties engage in the exchange of various documents.
In the initial stage of legal pleadings, each party articulates their legal theories. In the second stage, known as the discovery phase, the parties delve into the gathering of facts to substantiate their respective legal contentions. Should a resolution remain elusive, the case proceeds to its third phase, culminating in a trial presided over by a judge and jury.
Medical Malpractice FAQDoes California have a cap on medical malpractice cases?
The Medical Injury Compensation Reform Act (MICRA) resulted in a $250,000 cap on "non-economic damages." Non-economic damages are damages such as pain and suffering, discomfort, and the psychological impact of injuries. California does not have a cap on damage amounts people can receive as compensation for medical care.
Who can be held responsible for medical malpractice?
Health care providers who have been negligent may be held responsible for medical malpractice. This includes a wide variety of providers, including doctors, surgeons, oral surgeons, nurses, therapists, anesthesiologists, pharmacists, dentists, psychologists, psychiatrists, eye doctors, obstetrician/gynecologists (OBGYN), vascular surgeons, neurosurgeons, ophthalmologists, maxillofacial surgeons, plastic surgeons, other medical specialists, and hospitals.
Do you represent patients from all hospitals?
Yes. While hospitals and their staff and the people who work in them generally offer tremendous service, I am here to assist and represent the injured if things go wrong. Some of the highest-rated hospitals in Sacramento include Sutter Memorial Hospital, Mercy General, and UC Davis Medical Center. There are thousands of medical facilities in Sacramento and all over CA.
What if a loved one died due to medical negligence?
If a health care provider's negligence directly caused a loved one to pass, the provider may be sued for wrongful death. We have a page dedicated to this here: Wrongful Death.
Is there a time limit on medical negligence or malpractice cases in Sacramento?
The statute of limitations varies from state to state. In Sacramento and all of California, the Statute of Limitations (SOL) is slightly different for claims by adults and for birth injury suits by children. For children's non-birth injury medical malpractice cases, the SOL is the same as for adults.
Sacramento Medical Malpractice LawyerIf you have been injured or if a loved one has died due to complications at the hospital and you believe it may be the negligence of medical malpractice, call our experienced medical malpractice lawyers in Sacramento at (800) 404-5400 or (916) 921-6400 for free, friendly legal advice.
Editor's Note: updated 10.30.23 Photo by: Pixabay [cs 875]
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