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Sacramento Medical Malpractice Lawyer
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. 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:
- There may be medical malpractice by delaying or failing to diagnose a disease.
- Malpractice may involve the doctor's failure to gain the patient's informed consent for an operation or surgical procedure.
- A surgical or anesthesia-related mishap during an operative procedure could constitute "medical malpractice."
- Misuse of a medical device or prescription drugs can also be medical malpractice.
- A doctor who has made the correct diagnosis may later commit malpractice by failing 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 forth 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 NothingThe attorney will get a detailed medical history during the initial client contact. The lawyer should get the names of all physicians and hospitals that have rendered medical treatment to the client.
It is essential for a client to 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.
Here is a video we recently put together regarding selecting an attorney in Sacramento:
Determining Medical MalpracticeTo determine if there is medical malpractice, a medical expert must be hired to work with your attorney. This expert should be well 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.
Filing a suit begins the legal process, which may cover 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, the discovery stage, the facts to support the various legal theories are developed.
- If the parties cannot resolve their differences, the case, now in its third stage, will go to trial before a judge and jury.
Does 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.
Here is the section of California law that applies:
- Adults: CCP 340.5. In action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of the action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have found, the injury, whichever occurs first.
- Birth Injury Claims CCP 340.4. Birth injuries caused by medical negligence have an eight-year statute from birth.
There are many exceptions to the above rules that affect the time you must file. Speak to an attorney personally to determine what time limits may apply in your case.
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.
We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.
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Editor's Note: This page has been updated for accuracy and relevancy [cha 5.31.22]
Photo by: Pixabay [cs 1098]
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