When you go to the doctor you expect to receive treatment for an injury or condition. If the doctor or other medical professional makes a mistake you could end up with injuries as a result. The doctor should be held responsible for the injuries and for any financial and other damages that resulted from the injury. As the victim of medical malpractice in California you may elect to file a lawsuit against the negligent doctor to get the compensation you deserve.
What is Medical Malpractice?
Medical malpractice in California is the failure of a medical professional to treat a patient with care that is within customary standards. Doctors have a duty to provide proper care to patients. They are held to a high standard because of their knowledge, training and experience. A doctor is expected to provide proper care at all times. When a doctor makes a mistake it can have serious medical consequences.
Medical malpractice is a serious concern for all patients. There are some common examples of medical malpractice that include such things as performing surgery on the wrong part of the body, prescribing the wrong medication and failing to diagnose the patient’s serious condition, birth injuries and more. The patient may not immediately realize that the doctor did something wrong but when they do they could end up with long-term injuries as a result.
What Can I Do About Medical Malpractice in California?
If you are the victim on medical malpractice in California you have the right to take legal action. The law limits the time to file a claim to one year from the time you discover the injury or three years from the date the injury occurred. Medical malpractice can pertain to a doctor, nurse or any medical professional. In order to file a legal claim you must have suffered an injury because of the mistake.
The first step is to contact an experienced medical malpractice attorney. Your lawyer will review the aspects of your case and help gather the documentation necessary to resolve the situation. Many medical malpractice cases are settled before they get to court. Most doctors and their insurance companies prefer to settle cases as soon as possible. Your attorney will negotiate a settlement that provides you with the compensation you need to pay for medical bills, future medical care, money for pain and suffering and other damages. If a settlement cannot be reached the matter will go to court where it will be resolved by a judge or jury.
It is important to seek legal guidance as soon as possible so that important evidence can still be obtained. Cases of medical malpractice in California can be complex and require the knowledge that an experienced attorney provides. At the Wrongful Death Attorneys Los Angeles at the Law Offices of Savin & Bursk we have years of experience handling medical malpractice and wrongful death cases. We understand how to resolve these cases and will always fight to bring justice to the victim and loved ones.Medical Malpractice California
When a death occurs, the family is walloped by the loss of a loved one. The loss not only brings with it emotional shortcomings: if the deceased took care of the home, or maintained it, a series of economic and operational problems are generated. In some cases, the person's death occurs as a result of the negligence of another party.
In such circumstances, it is likely that family members will be able to claim compensation for wrongful death. Although the claim and settlement will never return the loved one, the awards made can undoubtedly help ease the burden.
What Is Wrongful Death?
This type of death occurs when a person's death is caused by a careless or negligent action of a third party. In the state of California, these types of cases are regulated by a law passed in 1872. There are several situations in which the action of a third party can be considered to have a disastrous effect on another human being; however, the classification of this crime has four leading causes:
- Defective Products
- Work-Related Death
- Medical Malpractice
Who Can Sue for Wrongful Death in California?
Under the law, only the decedent's rightful heirs have the power to seek compensation for wrongful death. Also, while only one person can bring the lawsuit, California law requires that all legal heirs enjoy the benefit resulting from the trial. These are the family members who can sue:
- The spouse
- The deceased's children
- The parents of the deceased
- The grandparents or siblings (In some cases)
What Kind of Indemnities Can Be Received For Wrongful Death?
Dependents of the deceased could receive financial or emotional support from the dead. In that sense, the law allows that depending on the case; the injured party may claim economic, non-economic, and egregious damages:
- Economic Damages: These damages are related to the value of the monetary support, gifts or other benefits the defendants received from the deceased. Also, other unforeseen expenses resulting from the death, such as funeral expenses, may be included. There are also substantial expenses, such as the value of medical care from the time of injury to the time of death.
- Non-economic damages: This is the most personal part of a wrongful death lawsuit. The substantiation of this type of claim considers aspects such as loss of love, affection, companionship, moral support or protection offered by the deceased. Atrocious Damage: When a death occurs due to catastrophic accidents, in some cases there may be additional compensation if the defendant's recklessness is considered especially egregious. In this way, the law punishes in a more severe and exemplary manner the parties who, through their negligence, caused the death.
Do You Have A Case of Wrongful Death in California?
If you believe that your loved one died through the carelessness or negligence of a third party, the wisest thing to do is turn to a group of specialist litigators such as Wrongful Death Attorneys Los Angeles. Experienced attorneys will help you determine if you have a case, what damages you can claim, and which is the best way to go.
If you want the assistance of the best attorneys in California, our team is ready to help you. Let our years of experience support you in getting the fair compensation you deserve. Contact us.