Making the best decisions for your situation can be stressful. How do you navigate your medical malpractice claim? What can you do about medical negligence? What are your options when dealing with a wrongful death claim in California? This article is focused on helping anyone in the state of California dealing with any of the scenarios mentioned above.
We will walk you through a few things to be aware of regarding medical malpractice, medical negligence, and wrongful death claims in California.
Also known as professional negligence, medical malpractice happens when a medical professional acts in a manner below the standard of care for the community and harms a patient. The standard of care can vary from state to state and even be different from one city to another depending on the nature of treatment. Unfortunately, there are many things that can go wrong such as improperly administered medication to unexpected injury resulting from a surgical procedure.
Like most states, California has its own statute of limitations regarding medical malpractice. The typical medical malpractice claim must be brought within one year after the plaintiff is injured or through due diligence discovers the injury, or in any case within three years of the date of the injury. If you or a loved one has become a victim of medical malpractice, don’t hesitate to take action.
Medical Malpractice claims are some of the most difficult claims to win. Doctors have an incentive to fight and insurance companies typically will not settle without the doctor’s approval. Most medical malpractice cases end up settling out of court due but usually require time and money before settlement. Because of the difficulty of handling medical malpractice claims, attorneys usually only accept claims that have larger values. Smaller claims most often go away without ever being filed, not because they are not important or result in severe injury or death, but because the rules make them less valuable.
Depending on how everything in a settlement plays out, a medical malpractice victim could be awarded a substantial sum. In fact, $425,000 is the average out of court settlement for a medical malpractice lawsuit. Choosing an experienced attorney who will fight for your rights and what you’re justly owed will be your best option to be compensated for pain and suffering.
A claim isn’t classified as medical negligence just because someone says it is. There are three key parts that need to be met which are:
- The medical professional must have provided medical treatment to the patient
- The medical professional’s treatment of the patient was below the standard of care
- The medical professional’s medical negligence resulted in harm to the patient
Birth injury and surgical errors are just two of the common forms of medical negligence. Medical negligence can lead to long-term pain and suffering as well as lost wages and medical debt. By working with a personal injury attorney, you can receive representation and have someone who knows how to fight for what you’re owed.
Wrongful death claim
In the state of California, surviving family members can file a wrongful death claim for compensation resulting from medical malpractice. The statute of limitations for a wrongful death resulting from medical malpractice is still only one year. This means that a wrongful death lawsuit must be filed within 1 year of the incident occurring.
Are you or a loved one a victim of medical malpractice or medical negligence? Did you lose a loved one to the actions of someone else? If you are dealing with any of the unfortunate situations above, you can give us a call at (888) 728-8112 to figure out the best options for you and your needs. Roy Huntsman of Huntsman Injury Law will help you figure out the solutions to the problems you’re trying to solve.