While hospitals and doctors are often effective in covering up the mistakes they make with patients, low-end guesstimates currently rank medical malpractice as the Number Six killer of Americans each year. Of course, there are many more medical malpractice victims who survive.
Indeed, medical malpractice takes many forms. We provide care and counsel for victims in cases related to:
- Medication errors
- Wrong-side surgery
- Surgical injuries
- Restraint-related injuries traction
- Injurious or fatal side effects
- Hospital-acquired infections
- Mistaken identity
- Negligent supervision
- Transfusion errors
- Delayed treatment
- Failure to obtain consent
- Lack of proper professional credentials or technical skill
Our litigators make your case by painstakingly comparing the medical records from your incident with established procedures, and by consulting with medical experts. If necessary, we arrange for testimony from expert witnesses.
We are tenacious in seeking compensation for you. Though California state law caps the maximum compensation one can receive for non-economic damages (such as pain, suffering, emotional distress, inconvenience, disfigurement and physical impairment) at $250,000, we fight for the maximum in economic damages, as well as for punitive damages where possible. We also press for justice — California requires that judgments or arbitration awards of any amount or settlement over $30,000 relating to a licensed medical professional’s alleged negligence, error or omission be reported to the Medical Board of California.
One important thing to know if you are the victim of medical malpractice is that you must file your claim within three years of the date of the original injury, or one year from the date on which you should have realized that the injury had occurred. Another thing to keep in mind is that California adheres to a “pure comparative negligence” rule: If you are found to be in part negligent with respect to your injury, illness, or medical condition, your award of damages is diminished in proportion to your fault. Thus an award of damages of $200,000 would be reduced to $160,000 were you found to be 20% at fault.