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F.A.Q. - Medical Malpractice

What is medical malpractice?

Medical malpractice or professional negligence is the failure of a doctor, hospital, nurse, technician, pharmacist or other health care provider to uphold good and accepted medical techniques or principles. Failure to uphold those standards can result in injury or death to a patient.

Can I sue for medical malpractice?

A patient injured due to medical negligence, or his or her family members, can file suit. When someone dies as a result of medical negligence, the patient's family may sue for wrongful death.

Who is liable for medical malpractice?

Anyone who has caused injury to a patient because of professional negligence may be named as a defendant.

How long do I have to bring suit?

California has a one-year statute of limitations in medical negligence cases. Generally, this means that the lawsuit must be brought within one year from the time the patient, family member, or guardian knew or should have known with reasonable diligence that the injury occurred with a reasonable possibility that medical malpractice caused it.

Since the rules about limitations are often changed by the legislature, and often modified by the appellate courts, you should consult with an attorney immediately if you think you have a medical negligence action.

Is medical negligence common?

Medical mistakes remain a national crisis. Harvard studies estimate deaths as a result of medical negligence are as high as 98,000 per year. Very few patients who are injured by physician negligence actually sue. A 1991 article in the New England Journal of Medicine documented that only about 2% of patients who were injured by physician negligence ever seek compensation through a lawsuit.

Do your firm’s successes mean you will win my case?

Each case must be evaluated on its merits. Many factors go into case evaluation, including whether the doctor’s negligence is clear, whether the negligence or your damages are hard to prove, the types of witnesses you have, the court in which the case will be heard, the complexity of legal issues and the competence of your attorneys.

How do I prove in my case?

A plaintiff in a medical negligence case must establish through evidence that the defendant was negligent, the negligence was the proximate cause of injuries and that the plaintiff suffered damages as a result. All three elements must be proven.

Expert testimony is almost always required to prove negligence. A licensed physician who is familiar with the standard of accepted medical care for the type of specialty will be the best, most reliable witness. The expert can establish what the standards were and how the defendant violated them.

How long will my case take?

It may take between one and three years to conclude a medical negligence case. Most medical negligence cases ultimately settle. If your case goes to trial and you win, the defendant has the right to appeal, which lengthens the process.

Will I have to go to court?

Sometimes, but n ot always. As your case evolves various court hearings will be held on legal matters. These hearings normally involve discovery issues such as the court determining what documents must be produced when one side has objected. These types of hearings do not require your attendance or participation.

How will I go about paying for your time and expenses?

Most malpractice cases are handled on a contingent fee agreement. Our firm receives a percentage of the recovery made by the client as a result of the prosecution of the case. We generally do not expect the client to pay or defray any of the expenses of developing the case until a recovery is made. Expenses will be deducted from the settlement. In the event no recovery is realized, we do not expect the client to repay the out-of-pocket costs for developing the case.

What expenses are involved?

The prosecution of a malpractice case is expensive. Our attorneys must obtain medical records, conduct depositions and hire experts. The investment also includes costs for exhibits and technology to fully demonstrate our clients’ devastating injuries.

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