When a patient sustains an injury or illness caused by the negligent or careless actions of a doctor or another type of healthcare provider, they deserve compensation for their losses. However, California medical malpractice lawsuits can be challenging due to the state’s specific legal framework. Here, we want to discuss the basic steps for filing a malpractice lawsuit against the doctor, and we strongly encourage you to reach out to an attorney who can help you get through these processes.
Understanding Medical Malpractice
Medical malpractice is a specialized area within personal injury law that deals with injuries sustained by patients due to the negligent actions or omissions of doctors, hospitals, or other medical providers. Unlike other personal injury cases, medical malpractice claims involve specific legal and medical complexities. Whether negotiating a settlement or filing a lawsuit, the process for medical malpractice claims shares similarities with other personal injury cases but requires a deep understanding of both legal and medical standards.
Definition of Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm to a patient. This failure can happen in various medical settings, including hospitals, clinics, and private practices. Essentially, medical malpractice is a form of negligence that can lead to significant physical or emotional harm to patients. The standard of care refers to the level of competence that a reasonably skilled healthcare provider would demonstrate under similar circumstances.
Grounds for Suing a Doctor
There are several grounds on which a patient can file a medical malpractice lawsuit. These include failure to diagnose, misdiagnosis, and delayed diagnosis, which can lead to incorrect or delayed treatment. Surgical errors, such as performing the wrong procedure or leaving instruments inside the body, are also common grounds for a lawsuit.
Medication errors, including incorrect dosages or failure to consider drug interactions, and birth injuries caused by medical mistakes during pregnancy or delivery, are additional grounds. In California, to establish a valid medical malpractice claim, a patient must prove that the doctor’s actions or inactions caused harm and that these actions deviated from the accepted standard of care.
Consultation With a Medical Malpractice Attorney
The first step is to consult with an experienced medical malpractice attorney in Santa Ana. They will evaluate your case and work to determine if you have a valid claim. Your attorney will guide you through the process of filing the claim, handling insurance carriers, and working through the lawsuit. Understanding California medical malpractice laws is crucial, and an experienced attorney can provide the specialized legal knowledge needed to navigate these regulations effectively.
Finding the Right Attorney
Selecting the right attorney is crucial for the success of a medical malpractice case. A skilled medical malpractice lawyer can navigate the complex legal landscape and help patients seek the compensation they deserve. When looking for an attorney, patients should prioritize those with extensive experience and a proven track record in handling medical malpractice cases. It’s also important to discuss the attorney’s contingency fee agreement and their approach to client communication. An experienced medical malpractice attorney will provide clear guidance and support throughout the legal process.
Attorney Fees
Most medical malpractice attorneys work on a contingency fee basis, meaning they only get paid if they win the case. Typically, the attorney’s fee is a percentage of the damage award, often around 33%. In California, there are specific limits on attorney fees for medical malpractice cases, ensuring that patients receive a fair portion of their compensation. It’s essential for patients to discuss the fee structure with their attorney to understand how it will impact their overall compensation. Consulting with an experienced medical malpractice attorney in California is crucial to navigating the state’s specific laws and regulations effectively.
Statute of Limitations
In California, there are statutes of limitations that set time limits for filing a medical malpractice lawsuit. Generally, the lawsuit must be filed within three years from the date of injury or one year from the date the injury was discovered or reasonably should have been discovered by the patient. However, there are certain exceptions and limitations, such as cases involving minors or cases against government entities, which may have shorter deadlines or additional requirements.
Pre-Lawsuit Requirements
California law requires the plaintiff to serve a “notice of intent to sue” on the medical provider before filing a medical malpractice lawsuit. This notice must include a statement of facts, the legal basis for the claim, and an affidavit from a qualified medical expert supporting the claim. The healthcare provider has 90 days to respond to the notice.
Filing the Lawsuit
If the pre-lawsuit requirements are met and the healthcare provider fails to resolve the claim, the next step is filing the lawsuit under medical malpractice law. The complaint, which outlines the allegations and damages sought, is filed in the appropriate California court. The defendant(s), usually the healthcare provider(s), are served with a copy of the complaint.
Discovery and Investigation
After the lawsuit is filed, the discovery phase of litigation begins. Both parties exchange relevant information and evidence through interrogatories, requests for documents, depositions, and other methods. This phase helps each side understand the strengths and weaknesses of the case.
Expert Opinions
In medical malpractice cases, expert opinions are crucial. California law requires the plaintiff to obtain a sworn opinion from a qualified medical expert supporting the claim of negligence. The expert must have sufficient knowledge, education, training, and experience in the specific area of medicine related to the alleged malpractice.
Settlement Negotiations or Trial
Throughout the process, the parties may engage in settlement negotiations to reach an agreement. If a settlement cannot be reached, the case may proceed to trial. The court will hear arguments, review evidence, and make a judgment based on the merits of the case.
Common Types of Medical Malpractice Cases
Medical malpractice can take many forms, depending on the specific circumstances and type of care provided. Here are some of the most common types of medical malpractice cases seen in California:
Surgical Errors
Mistakes made during surgery can have serious consequences. Common surgical errors include performing the wrong procedure, operating on the wrong site, leaving surgical instruments inside the body, or causing damage to nerves or other organs. These errors can result in long-term complications or additional surgeries.
Misdiagnosis or Delayed Diagnosis
Misdiagnosis or delayed diagnosis is one of the leading causes of malpractice claims. A misdiagnosis occurs when a doctor identifies the wrong condition, leading to incorrect treatment. A delayed diagnosis can prevent a patient from receiving timely care, worsening the outcome. Both scenarios can result in severe harm or even death.
Medication Errors
Medication errors involve prescribing the wrong medication, incorrect dosage, or failure to consider potential drug interactions. These mistakes can lead to dangerous side effects, complications, or a lack of improvement in the patient’s condition.
Birth Injuries
Medical mistakes during pregnancy, labor, or delivery can result in birth injuries to the baby or mother. Common birth injuries include brain damage, cerebral palsy, fractures, and nerve damage. These injuries can lead to long-term disabilities or developmental delays.
Anesthesia Errors
Errors involving anesthesia can be life-threatening. These include administering too much or too little anesthesia, failing to monitor the patient adequately, or not considering a patient’s medical history before administering anesthesia. Anesthesia errors can cause brain damage, heart complications, or even death.
Failure to Obtain Informed Consent
Before undergoing a medical procedure, patients must be fully informed about the potential risks and benefits. Failure to obtain informed consent occurs when a healthcare provider does not adequately inform the patient, leading to unexpected complications or negative outcomes. This lack of information can form the basis of a malpractice claim.
Understanding Damages in a Medical Malpractice Claim
The overall goal of filing a medical malpractice claim against a negligent medical provider is to recover the compensation a victim needs to move forward with their life. This compensation includes coverage of their medical expenses and lost wages caused by the incident, as well as compensation for any out-of-pocket short- or long-term expenses. Additionally, this compensation should help cover a medical malpractice victim’s emotional, physical, and psychological pain and suffering that they sustain as a result of the incident.
Economic Damages
Economic damages are tangible losses that can be calculated with relative accuracy. These damages are intended to compensate the victim for the financial costs directly associated with the medical malpractice incident, including:
- Medical Expenses: This covers the cost of all medical treatment related to the malpractice, including hospital stays, surgeries, medications, therapy, and any future medical care required due to the injury.
- Lost Wages: If the victim missed work due to the injury or had to reduce work hours because of ongoing treatment, they could be compensated for lost income. This category also includes compensation for reduced earning capacity if the injury prevents the victim from returning to their previous job.
- Out-of-Pocket Costs: Victims can be reimbursed for additional expenses related to the injury, such as travel to medical appointments, medical devices, and home modifications needed due to the injury.
Non-Economic Damages
Non-economic damages are more subjective and compensate victims for the emotional and psychological impact of the injury. While these damages are harder to quantify, they are equally important in addressing the harm caused by medical negligence:
- Pain and Suffering: This category accounts for the physical pain endured due to the injury, as well as the emotional distress that accompanies the trauma of medical malpractice.
- Loss of Enjoyment of Life: If the injury significantly affects the victim’s ability to enjoy daily activities, hobbies, or other aspects of their life, they may receive compensation for this loss.
- Emotional Distress: This covers the psychological impact of the injury, such as anxiety, depression, or PTSD, that may have developed as a direct result of the malpractice.
Caps on Damages in California
California’s Medical Injury Compensation Reform Act(MICRA) underwent significant updates starting January 2023. The new limits for noneconomic damages now depend on the circumstances of the case:
- Non-Death Cases: The cap begins at $350,000 and will gradually increase to $750,000 over the next decade, with annual adjustments for inflation.
- Death Cases: The cap starts at $500,000, rising to $1 million over ten years, also with annual inflation adjustments.
Consult Callahan & Blaine for Your Medical Malpractice Case
Filing a medical malpractice lawsuit in California can be a challenging process, but it is not one you need to face alone. At Callahan & Blaine, our decades of experience in complex litigation cases make us uniquely equipped to handle even the most difficult malpractice claims. Our firm has secured some of the largest settlements in California, and we are dedicated to ensuring that your case receives the attention it deserves.
Medical malpractice requires a deep understanding of both legal and medical standards, and our seasoned team is here to provide guidance every step of the way. We know how to navigate the complexities of California’s legal system, from pre-lawsuit requirements to courtroom trials, all with the goal of securing fair compensation for your losses. Contact us today at (714) 241-4444 or visit our contact form to learn more about how we can assist with your case.
