Success with a medical malpractice suit first requires proving that the defendant in your case failed to meet the standard of care you required in the situation. Medical malpractice can happen in many ways, such as:
- Any doctor responsible for diagnosing a patient must do so using an appropriate differential diagnosis procedure. This is essentially a process of elimination that considers the patient’s symptoms and medical history. Failure to diagnose, failure to provide a timely diagnosis, or providing an incorrect diagnosis could all amount to medical malpractice if the diagnosing physician did not follow an appropriate diagnostic process.
- Medication errors. It’s possible for a medical malpractice claim to arise from an error with a prescription medication or from the improper filling of a prescription. The doctor who prescribed the medication or the person at the pharmacy who filled it could be liable for this type of malpractice.
- Surgical errors. Every surgical procedure entails some level of risk, but when a surgeon is negligent in conducting an operation and harms a patient this can qualify as medical malpractice. Leaving instruments inside of the patient’s body or inflicting a traumatic injury due to incompetence are commonly cited examples of surgical errors in medical malpractice cases.
- Birth injuries. The childbirth process can be risky, but when a delivery doctor is negligent with their technique during this procedure, fails to monitor patient vital signs, or inflicts traumatic injury on the mother and/or her child, this can form the basis of a medical malpractice suit.
Once you have determined the type of medical malpractice you experienced, you must also prove a few basic elements of your relationship with the defendant. You must prove an official doctor-patient relationship existed between you and the defendant. You must also show proof that the defendant failed to meet the standard of care you required in the situation, and it is important to know the difference between a failure to meet the standard of care and general negligence.
Ultimately, whenever a medical professional fails to meet their patient’s standard of care, the resulting damage can form the foundation of a medical malpractice case. If you do not know if there are grounds for you to file a medical malpractice claim, it is essential that you speak with a Riverside medical malpractice attorney as soon as possible to determine your most viable options for legal recourse.
While a medical malpractice suit is a type of personal injury claim, there are special rules that apply to medical malpractice cases in terms of how you must file these claims and the damages available if you win your case. The plaintiff filing a medical malpractice claim must provide advance notice to the defendant. Additionally, it’s advisable to secure a statement from a medical professional outlining how the defendant breached the standard of care in the situation. This medical professional should hold equivalent or greater credentials and board certifications as the defendant.
With the right attorney handling your case it is possible to recover compensation for the losses you suffered in the accident. You can seek repayment of any additional medical expenses you incurred to correct the harm you suffered because of the defendant’s malpractice, such as additional medical treatment costs you incurred and income you were unable to earn during your recovery.
The compensation available to a plaintiff in a medical malpractice case could be relatively limited compared to what one could seek in a standard personal injury case. However, with the right Riverside medical malpractice attorney assisting you it is possible that you could secure much more compensation for your losses than you may have initially anticipated. Easton & Easton approaches every medical malpractice case we accept with the goal of helping our client recover as fully as possible from their experience.
When you choose our firm to represent your case we can immediately begin securing the medical records and other evidence you will need to firmly prove liability. We’ll help identify all the various channels of compensation available in your case and streamline your case proceedings as much as possible. The sooner you connect with our team, the more likely you are to meet the procedural requirements of your claim and succeed with your recovery efforts.
Q: What Is the Most Common Type of Medical Malpractice?
A: The most commonly reported forms of medical malpractice in the state include diagnostic errors, injuries caused during childbirth, and surgical errors. If you are unsure whether a recent injury you suffered in a Riverside area treatment center was caused by medical malpractice or medical negligence, it is crucial to consult a Riverside medical malpractice attorney as soon as possible to discuss your potential options for legal recourse.
Q: Does the State Limit Recovery From Medical Malpractice?
A: If you can prove a recent injury resulted from medical malpractice, you can hold the defendant responsible for all economic damages they inflicted. Additionally, you also have the right to seek compensation for the pain and suffering you experienced. As of January 1, 2023, the new cap on pain and suffering compensation for medical malpractice claims in California is $350,000, and over the next 10 years, this cap will incrementally increase up to $750,000.
Q: How Long Do I Have to File a Medical Malpractice Claim in Riverside?
A: Similar to most other types of personal injury claims, a medical malpractice claim is beholden to a statute of limitations or time limit in which you must file a claim. For most medical malpractice claims in the state, the statute of limitations is three years from the date of an injury. However, not all injuries from medical malpractice are immediately noticeable. The statute of limitations could also adhere to the discovery rule, in which case the claimant has one year from the date they discovered the harm done to file their claim.
Q: How Much Is My Medical Malpractice Claim Worth in Riverside?
A: The total potential value of a medical malpractice claim depends on the severity of the victim’s damages. State law allows a plaintiff to claim full repayment of all additional medical expenses they incur for treatment of their injury, and they can also seek compensation for income they are unable to earn during their recovery. You could also seek pain and suffering compensation up to the limit enforced by state law. Your Riverside medical malpractice attorney can provide an estimate of your case’s total potential value.
Q: What Are Attorneys’ Fees for a Riverside Medical Malpractice Attorney?
A: There is no need to worry about expensive legal fees eating away your case award when you choose Easton & Easton to handle your medical malpractice case in Riverside. We take these and other personal injury claims on a contingency fee basis, meaning our client only pays attorneys’ fees if and when we win their case. If we are unable to secure a recovery for you, you pay nothing.
The attorneys at Easton & Easton provide compassionate and responsive legal representation to victims of medical malpractice in Riverside and surrounding communities. We know that you are likely to have many pressing legal questions in the aftermath of your injury, and our goal is to help you approach your forthcoming proceedings with peace of mind. You have a limited time in which to file your case, so contact Easton & Easton today and schedule your consultation with a Riverside medical malpractice attorney who can help you build your claim with confidence.