Medical professionals are in an ultimate position of power. We trust these highly trained individuals and expect them to protect our well-being. But they do not always do so. In some cases, you may need a California medical malpractice lawyer on your side to hold them accountable.
No one enters a hospital or doctor’s office thinking they will be harmed. You expect the opposite. But the stats are shocking when it comes to malpractice. Many patients fall victim to negligent doctors, nurses, and surgeons annually in the United States.
Read on for everything you need to know about finding the best medical malpractice attorney in California for your case.
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If you have suffered due to a dangerous misdiagnosis or a lack of action from a healthcare professional, our team is here to help. Contact Bisnar Chase today for a free consultation with no obligations. Our medical malpractice attorney Newport Beach has helped thousands of injured plaintiffs.
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Medical Malpractice Lawsuit Resources
Medical Malpractice Definition
Medical malpractice is a type of professional negligence that occurs when a healthcare provider, such as a doctor, nurse, or other medical professionals, fails to provide appropriate care to a patient and, as a result, causes injury or harm.
This can include errors in diagnosis, treatment, or aftercare, as well as failure to obtain informed consent from the patient before performing a procedure.
To prove that medical malpractice has occurred, the patient must be able to show that the healthcare provider failed to act in accordance with the accepted standard of care and that this failure caused the patient’s injury or harm.
Healthcare professionals have a duty of care to their patients. Medical malpractice occurs when the doctor or nurse’s treatment methods fall outside the accepted standard, leading to harm or injuries to the patient. This could include:
- Misdiagnosing a patient and applying the wrong treatment.
- Making a mistake during a procedure.
- Failing to take action.
Everyone makes mistakes, and no one is infallible. However, the stakes are incredibly high regarding mistakes in healthcare treatment. The most minor errors can lead to severe harm to the patient.
Read the information on this page to ascertain whether your case might count as a medical malpractice claim. If you think it does or need an expert eye to review your case, contact Bisnar Chase today. Our personal injury lawyers have decades of experience and are here to help.
Is Medical Malpractice a Big Problem? – Statistics
The sheer number of people who have experienced some form of medical negligence or malpractice across the United States shows how big a problem this is.
- A study revealed more than 20% of Americans have suffered due to a medical error.
- According to the same study, 31% of people knew someone who had experienced medical negligence.
- Medical errors are one of the top causes of death in the U.S., accounting for about 250,000 fatalities every year.
- About 85,000 medical malpractice lawsuits are filed every year.
- California is in the top five states for medical malpractice payouts, with about $2.2 billion paid annually.
Do not become just another number. All wrongdoers should be held accountable for their actions, especially healthcare professionals who have lives in their hands every day. Call Bisnar Chase today to ensure justice and speak with a California medical malpractice attorney.
Top Causes of Medical Malpractice Claims
The chart below shows the top causes of medical malpractice claims recorded in the U.S. over the last few years.
The top cause is anything involving the treatment of patients, followed by misdiagnosis in second place and surgical errors in third.
The full breakdown is as follows:
- Treatment-related: 28.5%
- Diagnosis-related: 26%
- Surgery-related: 24.1%
- Obstetrics related: 5.4%
- Medication-related: 5.1%
- Monitoring related: 3.8%
- Other – Misc: 3.1%
- Anesthesia-related: 2.5%
Most Common Med Mal Cases
Medical malpractice wrongful death
One of the most common lawsuits filed for wrongful death is medical malpractice. Elements of the case should be discussed thoroughly with your lawyer to uncover all areas of negligence and wrongdoing resulting in a person’s death and to determine how much compensation can be awarded. If a settlement cannot be reached, our attorneys will go to trial if applicable and makes sense for the client.
Medical malpractice birth injury
Birth injuries are a type of medical malpractice that can occur during the labor and delivery process. In California, if a healthcare provider fails to provide appropriate care during childbirth and, as a result, the baby is injured, the parents may be able to file a medical malpractice lawsuit.
To succeed in a birth injury lawsuit, the parents must prove that the healthcare provider’s negligence caused the baby’s injury. This may require the assistance of medical experts who can testify about the accepted standard of care and how the healthcare provider’s actions or inactions deviated from that standard.
Medical malpractice brain injury
A brain injury is a type of injury that can result from medical malpractice. This can happen when a healthcare provider fails to provide appropriate care to a patient, and as a result, the patient suffers a brain injury.
For example, a brain injury could occur if a healthcare provider misdiagnoses a condition that affects the brain, fails to treat a brain injury properly, or fails to monitor a patient who has suffered a brain injury properly.
To succeed in a medical malpractice lawsuit involving a brain injury, the patient or their family must be able to prove that the healthcare provider’s negligence caused the injury. This, too, may require the assistance of medical experts who can testify about the accepted standard of care and how the healthcare provider’s actions or inactions deviated from that standard.
Who is Liable in a Med Mal Case?
In personal injury law, the liable party is the person or organization against whom you can file a claim. So, who is responsible in a healthcare malpractice case, and who do you sue?
You will be taking legal action against the medical care provider who either acted negligently or failed to act in your case.
This could include any healthcare professional who causes harm, such as:
- Doctors.
- Nurses.
- Surgeons.
- Anesthetists.
- Physical therapists.
- Dentists.
- Pharmacists.
In most cases, you will make a claim against the defendant’s medical malpractice insurance.
Insurance companies provide coverage to protect a doctor or hospital. This is not legally required in California, but most hospitals and facilities mandate that their staff carry liability coverage to protect themselves.
Medical malpractice insurance
Medical malpractice insurance is a type of insurance that healthcare providers, such as doctors, nurses, and other medical professionals, can purchase to protect themselves against the financial risks associated with medical malpractice lawsuits.
This insurance typically covers the costs of defending against a lawsuit and any damages or settlements that may be awarded to the patient. Medical malpractice insurance is important for healthcare providers because medical malpractice lawsuits can be very expensive, and a successful lawsuit can result in significant financial damages.
By purchasing medical malpractice insurance, healthcare providers can protect themselves and their assets in the event of a medical malpractice lawsuit.
It should be noted that you can still win compensation if your own actions played a part in your injuries. It is common for the defense to claim that you caused or worsened any injuries by not following medical advice or instructions.
California uses a comparative negligence system. You can still file a claim if you were partly at fault. Your percentage of the blame may simply reduce the compensation you win.
Winning a medical malpractice lawsuit
To win a medical malpractice lawsuit against a healthcare provider, the patient or their family must be able to prove that the provider was negligent in providing care. This typically involves showing that the provider failed to act by the accepted standard of care and that this failure caused the patient’s injury or harm.
To do this, the patient or their family may need to present evidence and testimony from medical experts who can explain the standard of care and how the provider’s actions or inactions deviated from that standard.
If the patient can prove that the provider was negligent, they may be awarded damages to compensate them for their injuries and other losses.
However, it’s important to note that winning a medical malpractice lawsuit can be difficult and complex. Hence, it’s always a good idea to consult an experienced medical malpractice attorney who can help you understand your legal rights and options and to maximize your compensation.
Do You Have a Case?
California Medical malpractice law can be tricky, and you will need experienced legal professionals on your side to secure the correct result.
We need to start by determining whether you have a med mal case. The best way to do so is to contact our California medical malpractice lawyers at Bisnar Chase. Our team will examine the circumstances of your claim in a case evaluation that is always free of charge and carries no obligations. Whether we can help or not, our team will guide the next step for you.Proving a Medical Malpractice Claim
There are several steps to proving that your healthcare provider was negligent and that malpractice occurred.
We must show:
- That the medical provider was somehow treating or examining you and owed you a duty of care.
- The healthcare professional violated the duty of care.
- Violating the duty of care caused injury or harm to the patient.
- That the injuries suffered by the patient left them with damages or losses.
Bisnar Chase has been winning cases for over four decades, and our skilled medical malpractice lawyers have years of experience. They will work tirelessly to build the strongest possible case for you to secure the compensation you deserve.
Medical malpractice statute of limitations in California
In California, the statute of limitations for medical malpractice lawsuits is generally three years from the date of injury or one year from the date of discovery of the injury, whichever is earlier.
However, there are some exceptions to this rule. For example, if the injured person was a minor at the time of the injury, the statute of limitations may be extended.
It’s important to note that the statute of limitations for medical malpractice lawsuits can vary depending on the case’s specific circumstances, so it’s always a good idea to consult with an experienced medical malpractice attorney in California to determine the applicable time limit in your situation.
Medical malpractice burden of proof
In a medical malpractice case, the patient bears the responsibility of demonstrating the healthcare provider’s negligence in providing care. This means that the patient must be able to present evidence to support their claim that the healthcare provider failed to act in accordance with the accepted standard of care and that this failure caused the patient’s injury or harm.
Medical malpractice tort law
Medical malpractice is a type of tort law, a legal concept that refers to a civil wrong or injury committed by one person or entity against another. In medical malpractice, a healthcare provider may be held liable for a tort if they fail to provide appropriate care to a patient and as a result, the patient is injured or harmed.
Tort law is a complex area of law, and the specific rules and requirements for medical malpractice lawsuits can vary depending on the jurisdiction. Therefore, it’s always a good idea to consult an experienced med mal plaintiff attorney who can help you understand your rights and options if you believe you or a loved one has been the victim of medical malpractice.
What Steps Should You Take If You Suffer Due to a Doctor?
As a potential victim of medical malpractice, there are several steps you should take.
Seek medical attention from an unrelated doctor. The second doctor should be unaffiliated with the first. They can provide any treatment required due to an initial error and a second opinion.
Document any suspected negligence or errors. Keep all paperwork, take pictures of your injuries, and take notes to keep track of dates, procedures, treatments, etc.
Keep copies of your medical records showing the original treatment and any secondary visits.
Contact our skilled California medical malpractice attorneys at Bisnar Chase. Our firm is ready to provide the expert support that you need.
What Information Does Your Attorney Need?
In order to take and build your case, we will need a bit of information from you to get the ball rolling. To make the intake process as smooth as possible, be ready to answer the following questions:
- Have you received a second opinion? Do they agree that the initial practitioner was negligent or made mistakes?
- Do you have your medical records?
- How did the alleged malpractice cause or worsen your injuries?
- When and where did the original procedure or issue take place? When did you become aware that there may be a problem?
- The name of the healthcare professional in question.
Payout Limits for Medical Malpractice Claims in California are Changing
Until recently, a cap was placed on the amount that a patient could receive in non-economic damages from a medical malpractice case in California. No matter how much someone suffered due to a negligent doctor, the payout was limited to $250,000.
Medical malpractice law has long been criticized because it prevents victims from being adequately compensated and prevents law firms from taking on legitimate cases. But now the law is changing.
In 2022, California Governor Gavin Newsom signed legislation to increase the cap on med-mal cases. From January 1, 2023, the cap will start to rise.
In 2023, the limit will rise to $350,000 for malpractice-related injuries and $500,000 for wrongful death cases involving malpractice. It will continue to rise each year until 2034, when the limit will be $750,000 for injuries and $1 million for deaths.
How Much is Your Case Worth?
We now know that the limits are rising to allow victims of medical malpractice to recover the compensation they deserve. But how much could your case be worth?
It is important to know that any payout will depend entirely on the merits of a particular case. And there are several factors that impact your compensation.
A recovery can be divided into two sections: economic and non-economic damages.
Economic Damages
The economic damages represent compensation for real financial losses that you have suffered due to the malpractice. This can include:
- Medical expenses.
- Lost wages.
- The cost of further care and rehab.
These are amounts that can be quantified. There is no cap on economic damages.
Non-Economic Damages
Non-economic damages can compensate patients for impacts such as:
- Pain and suffering.
- Emotional pain.
- Stress and mental health issues.
- Lost quality of life.
- Damage to relationships or lost consortium with loved ones.
These impacts do not carry a set dollar amount, but have a huge effect on a person. It is only right that victims are compensated for such suffering.
Now that the cap has been raised on non-economic damages in medical malpractice lawsuits in California, we have the scope to win more significant amounts for our clients.
At Bisnar Chase, we have a long track record of maximizing the value of cases to fully compensate our clients.
Medical Malpractice Law FAQs
We aim to make all clients feel comfortable and secure with our services. If you have any questions that you want answering before choosing legal representation, please do not hesitate to ask.
Medical malpractice cases are slightly different from most personal injury claims. You must file a claim within three years of the alleged malpractice, or within one year of discovering your injury.
Your health always comes first. Seek the medical treatment and second opinion that you need, then contact Bisnar Chase for a free case evaluation.
If you share some fault for your injuries – perhaps by failing to follow your doctor’s instructions – you can still file a medical malpractice claim according to California’s comparative negligence law.
Bisnar Chase offers a no win no fee promise. We advance the necessary costs to save you worrying about money. Our percentage is taken from the final recovery, and you owe nothing if we don’t win.
Medical malpractice claims are complex and can be lengthy. But you are in good hands with Bisnar Chase. Contact our team for an estimate specific to your case.
From Los Angeles CA to Orange County – Helping Clients Throughout California
The team at Bisnar Chase takes great pride in helping people throughout California. We have offices in Newport Beach, Los Angeles, Riverside, San Bernardino, and San Diego, and we also help patients in Northern California.
Contact us today to work with a medical malpractice plaintiff lawyer who is tough, dedicated to your case, and passionate about holding healthcare professionals accountable.
We also handle cases involving defective medical devices and pharmaceutical litigation claims.
The Best Medical Malpractice Lawyers Near Me
Bisnar Chase is a top-rated injury law firm with a track record of success. Clients can entrust their cases to us, knowing we will provide superior representation with a personal touch.
Medical malpractice is an important litigation practice area for us because a negligent doctor can do so much harm. Even minor accidents in surgery or diagnosis can cause catastrophic damage.
- We have a 99% success rate.
- More than $900 million was won for our clients.
- Trial lawyers with plenty of courtroom victories.
- A free consultation and no win no fee promise.
- A trusting attorney/client relationship.
- Easy to contact and communicate with.
Turn to our team for help when you need it most. We can win the compensation you deserve while ensuring your negligent healthcare professional takes responsibility for their actions.
Serving California Since 1978
Bisnar Chase is a top-rated personal injury law firm with a national reputation. The firm has been in business since 1978 and has represented thousands of clients. Based in Newport Beach and with offices across California, Bisnar Chase has recovered nearly $1 billion in settlements and verdicts, emphasizing superior client representation above all.
Brian Chase
Articles and blogs have been reviewed by legal in-house staff. Brian Chase is the managing partner of Bisnar Chase Personal Injury Attorneys, LLP. He is the lead trial lawyer and oversees cases handling dangerous and defective products that injure consumers. Brian is a top-rated injury attorney with numerous legal honors and awards for his work relating to auto defects and dangerous products. His firm has recovered over $900M for its clients. Brian is a frequent speaker for CAOC, Dordick Trial College and OCTLA, covering personal injury trial techniques.
Contact our California medical malpractice lawyers today for legal advice and outstanding representation. Call (800) 561-4887, send us an email, or use our website live chat 24/7.
