California law allows patients or their families to sue and receive compensation in cases of proven medical malpractice. A good medical negligence attorney in California can help prove the damages you have suffered as a result of medical malpractice.
The first thing you should do is call your medical negligence attorney in Los Angeles, California. They will better guide you through the litigation process in these cases. Then, gather all available evidence: for example, invoices and medical reports, receipts and others.
If you consider it necessary, you should contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or write to us via WhatsApp so you can receive the best free legal advice and, likewise, representation by a medical negligence attorney, this way we will ensure that you can obtain the highest compensation for your damages or injuries as soon as possible.
How Should I File a Medical Negligence Lawsuit?
The main criteria for filing a medical negligence lawsuit are as follows:
- Point out the violation of the standard of care by the treating physician.
- The doctor's error would not have been made by another professional who acted sensibly.
- Show that such error resulted in injury or death of the patient.
- Evidence of damage caused to the patient by the error committed.
Most Common Examples of Medical Malpractice or Negligence
These errors, along with the misdiagnosis of heart disease, are among the most recurring cases of medical negligence. Among the most common are:
- Perforation or puncture of an organ.
- Damage to tissues or nerves (very common in brain or spinal cord surgery).
- Operation on the wrong organ or area of the body.
- Wrong surgery for the injury or patient.
- Infections acquired before or after surgery.
- Leaving objects inside the patient's body after surgery.
What Should I Do If I Am a Victim of Medical Negligence?
If you believe you have been a victim of medical negligence and wish to take legal action in California, we recommend that immediately after having a reliable medical negligence attorney, you follow these recommendations:1. Call the doctor involved in the caseBefore filing a claim or legal action, it is advisable to contact the treating physician. With the help of your medical negligence attorney, it will be easier to understand what may have happened.It is important to listen to the doctor's advice and know if the damage caused can be repaired without the need to continue. Most of the time, the healthcare provider is willing to amend and correct the problem to avoid a larger lawsuit.2.
Contact the Medical License BoardThe California Medical Board is responsible for protecting and guiding patients in these cases. It is the body that administers medical licenses and regulates the work of doctors, surgeons and other healthcare professionals.
When the doctor does not find a satisfactory solution, this is the most effective way to get answers and request sanctions. Although the licensing board cannot force the doctor to compensate the patient, it can impose disciplinary sanctions.3.
Make sure to file the claim within the appropriate timeframeIt is important to know when the deadline is to file a claim or legal action, in accordance with California's Statute of Limitations. All civil proceedings, including medical negligence, are governed by this rule.
The time limit for filing a medical negligence lawsuit in California is 3 years. This period begins to run from the time the injury occurs or, after one year, the patient learned that they were injured.
If the claim or lawsuit is not filed within the time limit set by law, it is likely to be dismissed. For more information, consult with your medical negligence attorney. Please note that this time limit varies from state to state and even from court to court.4.
Consult with an expert to certify the damagesIt is extremely important in these cases to obtain an independent medical evaluation to confirm that there is a case of negligence. California requires the prior filing of a Certificate of Merit before proceeding with a medical negligence lawsuit. This seeks to determine that the injuries were the product of negligence by a healthcare professional. The certificate of merit is issued by an expert in the field, who is generally another doctor. The expert is responsible for reviewing the patient's medical records and certifies the damages. In their report, they establish how the healthcare provider deviated from or failed to fulfill their duty. That is, they did not apply medical practices accepted by the community and caused injuries. Our medical negligence attorneys in California are responsible for contacting the expert in merit certifications before attempting the medical negligence lawsuit. 5.
Evaluate a settlement agreementAs we mentioned earlier, many healthcare providers prefer to reach a settlement before exposing themselves to a lawsuit. Previously, the defendant's insurance company could make its own assessment of the case to determine if there is merit. A medical negligence case could take years and be very costly for the defendant. For this reason, most cases are resolved outside the courts. Your medical negligence attorney will help you decide whether it is worth risking a trial or reaching a settlement. All of this will depend on the strength of the case presented.
Also read Why should you hire a medical negligence attorney?The choice of your attorney is one of the aspects that can contribute to the final decision of your case. For this reason, if you or a loved one need it, you should contact the Conexión Legal team as soon as possible so we can provide you with the best free legal advice, and likewise, legal representation by a medical negligence attorney in case you suffer any type of personal injury to obtain the best possible compensation.
Follow the steps in the following form to schedule your free consultation appointment.
