Serving Orange County, Los Angeles County, Riverside County, San Bernardino County And San Diego County
Whatever the cause of the medical malpractice, Easton & Easton, LLP, is prepared and ready to advise you about the merits of your claim.
We understand the tricks, stratagems, and defenses the insurance companies and their attorneys use to defeat or minimize a medical malpractice claim, and at Easton & Easton, LLP we utilize our experience, skill, and dedication to make certain our clients do not fall victim to the insurance companies’ tricks and strategies.
Please call us at 800-461-8259 for a free initial consultation. If we do not take your case, there is no charge.
Click on the following link to read an article published by Matthew D. Easton regarding the difficult plight facing California Medical Malpractice Victims and the way in which the California Courts should redress the issue.
Three Things You Should Know If You Believe Medical Malpractice Has Occurred
Obtain a copy of all of your medical records immediately. Records can be changed, and it is essential to get a copy as soon as possible.
Write out a narrative of what happened in as much detail as you can.
Call Easton & Easton, LLP as soon as possible so we can advise you what to do next.
How to Identify Medical Malpractice
Medicine is a very complex and constantly changing field. The medical community relies on clinical trials, scientific reports, and practical results to determine the best course of action for every known medical condition. Medical malpractice is the legal term that defines a healthcare professional’s failure to adhere to these best practices, called standard of care, for a patient’s condition.
In the legal world, a plaintiff with a medical malpractice claim must prove four distinct elements of negligence to succeed with this type of lawsuit:
- The plaintiff must have a record of an official doctor-patient relationship with the defendant. It is only possible to pursue a medical malpractice claim against a medical professional who provided direct medical treatment.
- The plaintiff and their attorney must then prove that the patient’s condition required a certain standard of care. This often requires consulting the medical community and/or obtaining other medical experts’ opinions.
- Next, the plaintiff’s attorney must prove the defendant failed to meet the appropriate standard of care for the situation in question. This generally requires proving that another similarly skilled healthcare professional in the same situation would have acted differently.
- Finally, it is essential to prove that the deviation from the standard of care caused damage or suffering to the patient. This could mean increased medical bills, disability, or other harm.
Successfully proving these elements is just one of the many obstacles facing injured patients seeking compensation for medical malpractice. It is also typically necessary to submit a medical malpractice claim for official review from the appropriate medical board before such a case can proceed. Experienced Orange County med mal lawyers will also usually arrange a second or even third opinion from another doctor to support the claim. If the medical board determines that malpractice has occurred, they will issue the plaintiff a Notice of Right to Sue, allowing them to continue their civil action in court.
Potential Compensation From Your Medical Malpractice Claim
Medical malpractice can cause devastating losses to a patient who expects to receive safe, effective, and competently administered medical care. Medical malpractice lawsuits fall under the purview of personal injury law, so a medical malpractice plaintiff can expect to secure the same types of damages as they could in most other personal injury cases with some exceptions.
The first type of compensable damage a patient can claim is increased medical expenses. A negligent medical error can easily cause a host of medical complications, increased pain, and even disability or death. A plaintiff in a medical malpractice lawsuit can potentially recover compensation for both immediate and future medical bills resulting from a healthcare professional’s negligence.
In the event medical malpractice harms a patient in such a way that they cannot work, the patient can claim their lost income and/or lost future earning capacity as economic damages in their medical malpractice claim. They can also claim the cost of additional expenses incurred as a result of the malpractice in question, such as the cost of a wheelchair or other medical device the patient needs following the experience in question.
Pain and Suffering in CA Medical Malpractice Lawsuits
California civil law allows personal injury victims to claim compensation for their physical pain and psychological suffering resulting from the negligence of others, and this rule also applies to medical malpractice lawsuits. However, California state law caps the amount of pain and suffering compensation a plaintiff can receive at $250,000 in medical malpractice claims. No matter how substantial the plaintiff’s other damages may be, this is the maximum amount they can expect to receive in noneconomic compensation from a medical malpractice claim.
An experienced Orange County med mal lawyer can provide their client with an idea of how much compensation they can expect to receive from a successful suit should they succeed with their case. If you have experienced any type of injury due to a medical professional’s malpractice, consult with an experienced Orange County med mal attorney as soon as possible to start building your case.
Winning Your Medical Malpractice Lawsuit
The first step in succeeding with a medical malpractice claim is establishing the four basic components of a medical malpractice claim: a doctor-patient relationship, the patient’s standard of care, the defendant’s breach, and the resulting harm. Next is completing the medical board review process. Once a medical board has determined the plaintiff has justifiable cause to pursue a medical malpractice claim, the plaintiff and their attorney can begin building their claim.
The strength of a medical malpractice claim hinges on the availability and accuracy of evidence. The plaintiff should expect to produce substantial documentation, including medical records, police reports, specialist reports, and second opinions from other doctors. It is also common for expert witnesses to play crucial roles in medical malpractice claims. For example, many Orange County med mal lawyers consult with physicians and other professional experts to clarify certain aspects of their cases, such as a plaintiff’s likelihood to develop permanent disability following a medical injury.
The crux of a medical malpractice lawsuit often boils down to whether or not the defendant acted in a manner consistent with the standard of care that the medical community deems appropriate for the situation in question. If not, the defendant will likely face liability for the plaintiff’s damages.
Find Your Orange County Med Mal Lawyers Today
One of the most important factors when it comes to a plaintiff’s likelihood of success with a medical malpractice claim is the quality of the plaintiff’s legal counsel. The team at Easton & Easton has decades of experience handling the most complicated medical malpractice claims. As your Orange County med mal lawyers, you can rest assured we will aggressively investigate every aspect of your claim and explore every possible avenue of compensation open to you under state law.
If you are ready to discuss your medical malpractice claim with an experienced Orange County med mal lawyer, contact Easton & Easton today for more information about our legal services. We will provide compassionate and responsive legal counsel through every phase of your case and do everything in our power to maximize your recovery.