Understanding California’s Medical Malpractice Damage Caps
California’s Medical Injury Compensation Reform Act (MICRA) places significant restrictions on medical malpractice damage awards that can substantially impact your case. Under this law, non-economic damages – compensation for pain and suffering, emotional distress, and loss of enjoyment of life – are capped at $250,000 for cases filed before January 1, 2023. Due to recent legislative changes, this cap will gradually increase to $750,000 for non-death cases and $1 million for wrongful death cases over the next ten years.
This cap does not limit economic damages, which include medical expenses, lost wages, and loss of future earning capacity. These economic damages remain uncapped, allowing victims to recover the full amount of their financial losses. However, the cap on non-economic damages often means victims with severe injuries may not receive compensation proportional to their suffering.
At Callahan & Blaine, our Santa Ana medical malpractice attorneys thoroughly understand these legislative constraints and develop strategic approaches to maximize your compensation within these limits. We work diligently to document all economic damages comprehensively while building compelling cases for the maximum allowable non-economic damages. Our extensive experience navigating California’s medical malpractice laws allows us to develop effective legal strategies tailored to each client’s specific circumstances.
Orange County Medical Malpractice Risk Factors
Santa Ana and the broader Orange County area are home to numerous prestigious medical facilities, including the UC Irvine Medical Center, CHOC Children’s Hospital, and St. Joseph Hospital. While these institutions generally provide excellent care, medical errors remain distressingly common across all healthcare settings.
Regional statistics indicate that medical errors occur with similar frequency in Orange County as they do nationwide. The most common medical malpractice claims in our region involve:
- Diagnostic errors at emergency departments, particularly those involving heart attacks, strokes, and serious infections
- Surgical complications at outpatient surgery centers, which have proliferated throughout Orange County
- Medication errors in hospital settings, especially involving high-risk medications
- Birth injuries at labor and delivery departments
Certain risk factors can increase the likelihood of medical errors in Santa Ana facilities. Hospital understaffing, particularly during weekend and night shifts, contributes significantly to medical mistakes. Additionally, communication breakdowns between providers during shift changes or transfers between departments create opportunities for critical information to be lost.
Our legal team at Callahan & Blaine maintains detailed knowledge of local healthcare systems and their common practice patterns. This local expertise proves invaluable when investigating medical malpractice claims, as we understand where to look for documentation inconsistencies, staffing issues, and procedural violations specific to Orange County medical facilities. We utilize this regional knowledge to build stronger cases for our clients seeking justice after suffering from preventable medical errors.
Why Turn to Callahan & Blaine for a Medical Malpractice Claim?
- For more than 40 years, our team of Santa Ana personal injury lawyers have been driven solely by our desire to help those who have been wronged by others. Injury victims deserve compensation, and we can help.
- At Callahan & Blaine, our clients can always count on having personal communication with their attorney to ask any questions or concerns at any point while their case is ongoing.
- We have a thorough understanding of the complexity of medical malpractice claims, and we have the resources necessary to handle a case from start to finish.
Common Medical Errors We Help Clients Recover Compensation For
A few years ago, researchers at Johns Hopkins released a study that claims as many as 250,000 individuals die each year in this country due to medical mistakes. This alarming statistic places preventable medical errors as the third leading cause of death in the country.
Medical errors can occur in a wide variety of ways, and our team is ready to step in and help individuals who have been harmed due to the following:
- Issues with diagnosis. There can be various issues that affect a patient’s diagnosis. This can include a failure to diagnose at all, a misdiagnosis, or a delayed diagnosis, all of which could significantly harm a person who has sustained an injury or illness.
- Medication mistakes. Medical errors can occur in a wide variety of ways and due to various medical professionals. This could be the fault of a doctor, nurse, pharmacist, pharmacy technician, or other medical professional. These mistakes can include giving the wrong medication, the wrong dosage of the medication, or failing to give a medication at all.
- Infections. Hospital-acquired infections are incredibly common. According to the CDC, approximately one out of every 30 hospital patients has some sort of hospital-acquired infection on any given day.
- Surgical or anesthesia errors. Surgery and anesthesia are incredibly complex, and surgeons and anesthesiologists should always perform at the highest standard of medical care. Unfortunately, various types of errors can occur in these situations, including operating on the wrong body part, the wrong patient, or performing the wrong procedure. Foreign objects could also get left behind in a person’s body.
- Birth errors. Errors that occur before, during, and after childbirth can have devastating effects on a mother and child. These injuries can include hypoxia, broken or dislocated bones, brain damage, internal bleeding, and more.
- Patient falls. Medical professionals are required to take steps to prevent patients from sustaining fall injuries. This includes falls out of bed or slip-and-fall injuries when walking around a facility.
How Much Compensation is Available for Your Santa Ana Medical Malpractice Case?
There is no set amount of compensation available for a successful medical malpractice claim. Rather, various factors will influence total compensation payouts through an insurance settlement or as a result of a medical malpractice jury trial. Some of the most common types of compensation awarded to victims include, but are not limited to, the following:
- Coverage of all medical bills related to the medical error
- Payment for any necessary long-term care a patient needs
- Prescription medications or medical devices
- Payment for lost wages if a person cannot work
- Physical and emotional pain and suffering damages caused by the medical error
- Loss of quality of life damages
What is the Deadline for Filing a Medical Malpractice Claim in Santa Ana?
California does place time limits on how long individuals have to file medical malpractice claims against a negligent medical provider. According to California Code of Civil Procedure section 340.5, we can see that these claims must be filed within one year after a person discovers or should have discovered, through reasonable due diligence, that a medical error caused their injury or illness OR within three years from the date the injury or illness occurred, whichever comes first.
There are various situations where the deadline could be extended. One of the main exceptions includes a case of a foreign object le
ft behind inside of a person’s body. When this happens, individuals still have one year from the date of discovery to file their claim, but there is no overall time limit.
Another exception to the medical malpractice statute of limitations in California includes injuries or illnesses caused by medical errors that occurred to children younger than six years old. Even if the overall three-year timeframe has passed, the medical malpractice claim can still be filed so long as it is before the child turns eight years old.
Finally, the time frame can be expanded if the defendant intentionally hit the medical malpractice from investigations or committed fraud.
Affording a Santa Ana Medical Malpractice Attorney for Your Claim
At Callahan & Blaine, our team handles Santa Ana medical malpractice cases on a contingency fee basis. This means clients do not pay any legal fees until after we successfully recover compensation for their losses. If we do not win the medical malpractice claim, our clients do not pay any legal fees at all.
Call a Santa Ana Medical Malpractice Lawyer Today
If you or somebody you love has been harmed due to the negligent actions of a medical professional in Santa Ana, reach out to the attorneys at Callahan & Blaine for help today. Our team of Santa Ana wrongful death lawyers can help you hold the negligent party liable for the loss of a loved one after a serious medical mistake. We have the resources needed to fully investigate every aspect of your medical errors case. Our medical malpractice lawyers in Santa Ana will rely on assistance from trusted medical professionals who can assist us in adequately calculating your total expected losses. When you need a Santa Ana medical malpractice attorney, you can contact us for a free consultation by clicking here or calling us at 888-284-0809.
