Chula Vista Medical Malpractice Lawyer

Chula Vista Medical Malpractice Attorney

It can be both physically and emotionally difficult to suffer pain or injury due to the negligence of a trusted medical professional. When this happens, you may be entitled to compensation under medical malpractice laws. If you or a loved one has suffered harm due to a healthcare provider’s negligence, an experienced Chula Vista medical malpractice lawyer can secure full compensation for any resulting losses.

Understanding Chula Vista Medical Malpractice Laws

California medical malpractice law attempts to shield patients from negligent medical and healthcare providers while also placing various limits on patient liability. A patient must establish that the standard of care was not met and that this breach of care caused injury to the patient. This standard involves more than simply experiencing a less-than-desirable outcome. Rather, your care must be less than a reasonably prudent medical professional would have provided under the same or similar circumstances.

One key feature of California malpractice law involves the statute of limitations. For most claims, you have three years from the date of injury or one year from the date of discovery, whichever occurs first. There are exceptions to this rule, such as for minors. If you don’t know when the timeframe started, be sure to contact a medical malpractice attorney as soon as possible. Otherwise, you may lose your right to file a claim.

The Medical Injury Compensation Reform Act established California’s damages cap law, which remains in effect. For many years, the cap was set at $250,000 in non-economic damages, which include losses such as pain and suffering. The cap was adjusted upward in 2022.

For cases that do not result in death, the cap is now $350,000, which began on January 1, 2023. It will increase to $750,000 over time. For wrongful death cases, the cap increased to $500,000 starting on January 1, 2023. It will eventually increase to $1 million.

Common Medical Malpractice Issues

Each medical malpractice case is unique and can cover a range of errors caused by a medical practitioner. Some of the most common medical malpractice claims include the following:

• Surgical errors. These can involve performing the wrong surgery, performing the surgery on the wrong body part, or leaving tools inside the body. Errors in spinal surgeries can lead to serious injuries like quadriplegia or other permanent damage.
• Errors in diagnosis. These include both misdiagnoses and delayed diagnoses. This is especially true for diseases that progress over time and benefit from early intervention, such as cancer.
• Medication errors. This can be either giving the wrong medication or the improper dosage of the correct medication.
• Birth injuries. If the medical staff failed to take the proper care and it resulted in defects, such as cerebral palsy, you may be entitled to a claim.

Proving fault in these situations requires medical insight and legal precision. In 2024, California was ranked as one of the top states for medical malpractice payouts, with 513 claims totaling over $162 million. The average payout was $317,447.

Compensation You Can Recover

A California medical malpractice victim can recover both non-economic and economic damages. Non-economic damages encompass pain, suffering, and emotional distress. Economic damages include medical bills, lost income, future care, and services. California law places a cap on non-economic damages. There is no limit to economic damages. The total amount of damages you can recover depends on your injuries and their impact on your life.

Why Hire a Medical Malpractice Lawyer in Chula Vista, CA?

Don’t delay if you may have been harmed as a result of medical negligence. There are strict legal timeframes to consider, along with the fact that collecting evidence becomes increasingly difficult over time. Medical records may be misplaced or even altered, and memories can fade over time.

When you hire a medical malpractice lawyer in California, it triggers a legal process that starts with a thorough examination of your medical history, treatment notes, and outcomes. The legal process then continues, as the attorney can call on professional witnesses to determine if medical standards were violated. If they were, your attorney will likely issue a required notice of intent to proceed. Then, they can begin to work on developing your legal claim.

About Us

Kenneth M. Sigelman & Associates understands medical malpractice cases. We frequently litigate on behalf of clients in Chula Vista and across San Diego County. Our team knows the Chula Vista–South Bay Courthouse, which is where medical malpractice claims are filed in the region. Ken Sigelman is affiliated with many respected organizations, including the State Bar of California, Super Lawyers, the American Association for Justice, and Martindale-Hubbell.

FAQs

How Much Does a Lawyer Charge for Medical Malpractice?

The vast majority of medical malpractice attorneys work on a contingency fee basis. You only pay the attorney if the case is successful, and the fee is a percentage of the total amount of compensation recovered. Medical malpractice cases require huge investments in professional testimony and court processes, which attorneys cover before earning any payment from the case settlement.

What Are the Four Things That Must Be Proven to Win a Medical Malpractice Claim?

The four things that must be proven to win a medical malpractice claim are

1. A doctor-patient relationship existed, meaning the doctor had a duty of care to the patient.
2. The doctor breached the standard of care for their industry.
3. The breach directly caused harm.
4. You suffered damages as a result.

Is It Hard to Win a Medical Malpractice Claim?

Yes, winning a medical malpractice case can be challenging. To succeed in medical malpractice claims, patients need documented medical records, professional testimony, and evidence showing how negligence caused their injury. Providers have potent legal defenses. Patients obtain favorable outcomes when they receive proficient legal representation backed by powerful factual proof.

Q: Is a Medical Malpractice Case Worth It?

A: Yes, a medical malpractice case is worth it. It can be a long and emotional process, but you could obtain compensation to cover your medical bills, lost wages, and future care needs. You could also hold the responsible provider accountable for his or her actions. An experienced attorney can explain more about your case and whether the potential benefits outweigh the challenges.

Contact Kenneth M. Sigelman & Associates Today

If you or one of your loved ones suffered damages due to medical malpractice, an attorney at Kenneth M. Sigelman & Associates can fight for justice. Contact us today to learn more.

Chula Vista, CA Medical Malpractice Resources

What Constitutes Medical Malpractice in California?

Most Common Types of Medical Malpractice in California

What are the Four Elements of Medical Malpractice in California?

California Medical Malpractice Law – All You Need to Know

How To Prove Medical Malpractice in California?

What is the Difference Between Medical Malpractice and Negligence in California?

How to Find the Best Medical Malpractice Attorney Near You in California?