Medical Malpractice

Overview

Healthcare workers are often the heroes at the front lines of care, providing tireless service to their patients. Most medical personnel do an absolutely tremendous job. Unfortunately, mistakes, negligence, and miscommunications can happen and may lead to catastrophic situations that could have been prevented.

What is Medical Malpractice?

Medical malpractice cases can be brought against a doctor, nurse, aide, hospital or local, state or federal agencies operating the hospital facilities. When a mistake by a health care provider causes an injury or death to a patient, the patient or their family may be able to seek damages.

In California, special laws apply only to medical malpractice claims. They include special filings and filing deadlines as well as limits on legal fees and the rights of patients to recover damages.

Medical malpractice lawsuits were designed so patients had a way to gain compensation when injured as a result of negligence or a wrongful action by a medical professional. They are costly to pursue though, and can change frequently. Expert opinions are required in order for the injured person to proceed forward with a medical malpractice claim.

Medical Malpractice Complexities

Medical malpractice lawsuits provide injured patients and their families with an opportunity to pursue compensation for losses caused by medical negligence or other medical misconduct. These cases can be costly to pursue because medical expert opinions and testimony are required to succeed in a medical malpractice claim.

Additionally, the medical subject matter is typically more complex than other types of personal injury cases. It is important to have an attorney and medical experts that can explain complicated medical issues in a way that non-medical professional jurors can understand.

Compensation for Medical Negligence

Compensation for injuries caused by medical negligence may include the following:

  • Pain and suffering
  • Disability
  • Loss of consortium
  • Lost income and loss of earning capacity
  • Medical expenses
  • Additional losses and damages