Medical errors can have devastating consequences, and patients deserve compensation when they happen. However, a medical malpractice lawsuit can be intricate and demanding. Here’s where a medical malpractice attorney steps in. They can assist you through every stage, from filing a claim to reaching a settlement or going to trial.
Medical Malpractice Lawyer’s Role
A medical malpractice lawyer specializes in cases where healthcare providers cause harm due to negligence. They can determine if you have a valid claim, manage the legal process, handle interactions with insurance companies, and work towards a fair settlement or prepare your case for court.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, like a doctor or nurse, injures or kills a patient through negligence. Key elements of a medical malpractice claim include:
- A doctor-patient relationship existed
- The doctor breached their duty of care
- The doctor’s actions or omissions caused an injury
- Damages resulted from the medical malpractice
California’s Statute of Limitations
California medical malpractice law limits the time you have to file a lawsuit. This is called the statute of limitations. Typically, you have three years from the date of injury or one year from discovering the injury (or when you should have discovered it), whichever comes first.
There are exceptions, though. For instance, cases involving minors or government entities might have shorter deadlines or additional requirements.
Pre-Lawsuit Requirement: Notice of Intent
Before filing a lawsuit, you must serve a “notice of intent to sue” on the medical provider in California. This notice must contain a statement of facts, the legal basis for the claim, and a sworn statement from a qualified medical expert supporting the claim. The healthcare provider has 90 days to respond.
Filing the Lawsuit
If the pre-lawsuit requirements are met and the healthcare provider doesn’t resolve the claim, the next step is filing the lawsuit. The complaint, outlining the allegations and sought damages, is filed in the appropriate California court. The defendant(s), usually the healthcare provider(s), are then served with a copy of the complaint.
Discovery and Investigation
After filing, the discovery phase begins. This involves exchanging relevant information and evidence between both parties. This phase helps each side understand the strengths and weaknesses of their case.
Expert Opinions in Medical Malpractice
Expert opinions are crucial in medical malpractice cases. California law requires the plaintiff to obtain a sworn statement from a qualified medical expert supporting the claim of negligence. This expert must have the necessary knowledge and experience in the specific area of medicine related to the alleged malpractice.
Settlement or Trial
Throughout the process, parties may engage in settlement negotiations. If a settlement can’t be reached, the case may go to trial. During a trial, the court hears arguments, reviews evidence, and makes a judgment based on the case’s merits.
The Goal of a Medical Malpractice Lawsuit
The primary aim of filing a medical malpractice lawsuit is to recover compensation for the victim. This includes coverage for medical expenses and lost wages, as well as compensation for emotional, physical, and psychological pain and suffering.
Finding the Right Medical Malpractice Lawyer
Choosing the right medical malpractice lawyer for your case is essential. Look for someone with extensive experience and knowledge in handling similar cases. Consider their communication style, case load, and fee structure. Many lawyers work on a contingency basis, meaning they only get paid if they win your case.
Suing a Doctor for Malpractice in California – Final Words
Filing a medical malpractice lawsuit in California is a complex process. A knowledgeable and experienced medical malpractice lawyer can guide you through each step, ensuring your rights are protected and you receive the compensation you deserve.