The firm has a record that includes many multi-million dollar cases.
Every day, thousands of people in California trust medical providers to give safe, competently administered, and effective medical treatment. While the vast majority of medical professionals in San Bernardino uphold their professional duties, some do not, and their carelessness and misconduct can cause severe harm to patients.
Legal Representation for San Bernardino, CA, Medical Malpractice Claims
Physicians and other medical care providers are required to prevent harm to their patients, and they must use approved diagnostic methods to determine patients’ conditions before applying appropriate treatments. When medical professionals fail to meet the standard of care a patient requires, and it harmsthe patient, this is medical malpractice, and the victim has the right to file a civil claim in response.
Kenneth M. Sigelman & Associates is uniquely positioned to handle the toughest medical malpractice claims filed in the San Bernardino, CA, area. Our firm takes time to help every client develop an individualized legal strategy for maximizing their recovery. Medical malpractice cases are much more challenging than other personal injury claims, and it’s vital to find an attorney with solid experience handling cases like yours who can guide you to a positive outcome.
Benefits of Hiring a San Bernardino Medical Malpractice Lawyer
The right attorney can considerably influence the outcome of a medical malpractice claim. This type of civil action requires meeting various strict filing requirements with the court, and there are many special rules pertaining to medical malpractice suits that plaintiffs must follow. An experienced San Bernardino medical malpractice attorney can help their client meet all applicable court filing deadlines, compile all materials necessary for preliminary motions, and start building an effective case as soon as possible. In addition, it’s natural for anyone struggling in the aftermath of an injury from medical negligence to have many legal questions about what types of compensation they can recover and the process for doing so. A San Bernardino medical malpractice lawyer handling your claim means you and your family can focus on recovery with peace of mind. In addition, your legal team will handle case filings and procedural issues on your behalf, providing updates as the case unfolds.
Ultimately, hiring an experienced San Bernardino medical malpractice attorney significantly improves the chances of success with a claim. As a result, the plaintiff is more likely to obtain a settlement and maximize their recovery as much as the law permits. In addition, many claimants are surprised to learn the true values of their claims once they secure reliable legal counsel.
What Is Medical Malpractice?
Medicine is an inherently uncertain field. Every person has a unique physiology and medical history, and many medical conditions mimic the symptoms of others. It can be difficult for a physician to accurately determine a patient’s condition, but there are strict standards medical professionals must follow when diagnosing and treating patients. The medical community leverages the latest research and discoveries to determine the standard of care for every known illness and injury.
Medical professionals must legally adhere to their patient’s standard of care at all times, only deviating when it is medically necessary. Medical malpractice is a failure to meet this duty of care, either through an intentional decision to violate the standard of care or negligence in medical treatment.
Medical malpractice is a form of personal injury. This means an injured patient has the right to take legal action against the medical professional who injured them. This may seem straightforward, but the reality is that any civil claim can escalate into a complex and multifaceted legal battle the average person may not be able to navigate on their own.
Common Types of Medical Negligence Claims Filed in California
Medical malpractice takes many forms, and each case will involve many complex variables a plaintiff and their attorney must address:
Surgical errors may lead to medical malpractice claims if a surgeon causes an injury to a patient. While some procedures are inherently risky, surgeons are expected to perform them accurately and safely. As a result, these cases can involve tough questions of liability.
Medication errors can generate medical malpractice claims if a doctor prescribes the wrong type and/or dose of medication or if a pharmacist fills a prescription incorrectly.
Birth injuries can lead to medical malpractice suits if a doctor handling childbirth is negligent, resulting in harm to the mother or her child. In addition, some birth injury cases pertaining to cerebral palsy and other conditions entail lifelong disability for the victim.
Diagnostic errors can have disastrous effects on a patient. They may undergo unnecessary treatment with detrimental side effects while their condition remains unaddressed. It is also possible for a delayed or incorrect diagnosis to cause a patient’s condition to worsen to critical stages.
Anesthesia errors can easily harm patients, sometimes with life-threatening effects. Failure to administer anesthesia correctly or failure to monitor patient vitals while under anesthesia could constitute grounds for a medical malpractice claim.
Gross negligence. If a medical professional’s actions exceed the scope of typical negligence, they could face a charge of gross negligence and incur severe penalties for the damage they’ve inflicted on the plaintiff. For example, operating under the influence of drugs, performing surgery without the necessary qualifications or experience, and other egregious acts of negligence can easily result in patient harm and severe consequences for defendants.
An experienced San Bernardino medical malpractice lawyer will help their client gather whatever evidence they may require to prove the defendant named in their suit failed to meet the standard of care the situation in question required. In some cases, this requires consultations with expert witnesses like medical professionals who are similarly skilled as the defendant. In addition, a good lawyer will help their client compile evidence to build their case while meeting all procedural requirements under California’s medical malpractice laws.
Important California Statutes for Medical Malpractice Claims
California requires medical malpractice claims to meet certain criteria. First, a plaintiff cannot directly sue a defendant for medical malpractice. State law requires the plaintiff to issue a letter of intent to the defendant in their claim. The plaintiff must submit this notice no less than 90 days before filing their claim. The notice should include a clear explanation of the basis of the claim, the plaintiff’s accounting of the damages sought in the claim, and the nature of the claimant’s damages.
An experienced attorney can determine whether the plaintiff should take their claim to an expert witness who can provide testimony supporting the claim. For example, a doctor with credentials similar to the defendant’s could explain how the defendant failed to meet the standard of care in the situation. Once liability is determined, and fault for medical negligence has been established, a San Bernardino medical malpractice lawyer will help their client calculate the full scope of their claimable damages.
Damages and Compensation in a Medical Malpractice Suit
The damages from a medical malpractice claim mirror those seen from successful personal injury cases, except for non-economic damages. While it is still possible for a plaintiff in a medical malpractice action to seek compensation for pain and suffering, state law limits the amount they can receive in non-economic damages to $250,000. New legislation is set to increase non-economic damage caps in medical malpractice claims filed in 2023, increasing further in 2024.
There are no limits on the amount a plaintiff can seek in compensation for economic damages. Medical malpractice often results in injury, and the victim will need corrective and restorative treatments. The defendant is liable for any additional medical expenses incurred by the plaintiff, both immediate and future. Additionally, if the incident in question prevents the victim from working for an extended period, the defendant is liable for the income lost during this time. If the plaintiff cannot resume working at all due to their injury, the defendant is liable for lost future earning potential. Finally, the claimant must meet the statute of limitations that applies to their claim. However, if the defendant engaged in fraud, deception, or concealment to hide the fact they committed malpractice, the statute of limitations may “toll” or pause until this comes to light. Therefore, the right attorney is a crucial asset for any medical malpractice claim plaintiff seeking to ensure accountability for a defendant and maximize their recovery.
What to Expect From Your San Bernardino Medical Malpractice Lawyer
If you are facing any type of medical malpractice claim in San Bernardino, you must have legal counsel you can trust from an experienced and reliable local attorney. Your legal team will be responsible for handling court filings and other procedural deadlines on your behalf. This lets you and your family focus on recovery with peace of mind. In addition, your attorney will provide updates on each new development in your case.
Many medical malpractice claims require careful examination of medical community standards and special rules for specific medical conditions. Your attorney can address the unique facets of your case by consulting medical professionals to act as expert witnesses on your behalf and gathering any documentation needed to prove the full scope of your damages.
Most medical malpractice cases end in settlement. The private settlement negotiation process is less daunting than the courtroom, and the parties involved have control over the outcome. If the parties can reach a mutually agreeable resolution, the case can end once they have signed an agreement. However, some medical malpractice claims require more extensive proceedings and can only be resolved in litigation.
When you choose Kenneth Sigelman & Associates to represent your medical malpractice claim in San Bernardino, you can expect personalized, responsive legal counsel through every stage of your case. We’ll assist you in meeting court filing deadlines and other procedural requirements as we help you build your claim. In addition, our team has the professional resources and experience necessary to provide the answers to your most pressing legal questions.
Medical Malpractice Lawyers FAQS
Q: How Much Does It Cost to Hire a Medical Malpractice Attorney in San Bernardino?
A: Most personal injury attorneys offer clients contingency fee billing, meaning there are no upfront attorneys’ fees, and the client pays nothing unless they win their case. The attorney’s fee comes from the final case award as a percentage. It’s vital for anyone seeking the help of a San Bernardino medical malpractice lawyer to carefully review their billing policy before signing a contract for representation.
Q: How Do I Prove Medical Malpractice in California?
A: The state of California defines medical malpractice as any situation in which a medical provider fails to meet their patient’s standard of care, resulting in harm. Most medical malpractice claims require medical board review before civil claims can be filed. An experienced San Bernardino medical malpractice lawyer can help their client secure the evidence they need to hold a defendant accountable for malpractice.
Q: How Long Do You Have to Sue for Medical Malpractice in California?
A: The statute of limitations for medical malpractice claims in California is three years from the date an injury occurs. Alternatively, if the plaintiff did not discover the harm done by malpractice for some time, the discovery rule applies. The statute of limitations, in this case, would be one year from the date the plaintiff discovered the harm.
Q: Is It Worth Hiring a San Bernardino Medical Malpractice Lawyer?
A: Medical malpractice claims are some of the most challenging personal injury cases to win, and it’s vital to have legal counsel you can trust if you anticipate filing a medical malpractice claim in the near future. Your San Bernardino medical malpractice attorney can help you determine fault for your injury and prove the full extent of your damages. In addition, while state law restricts some forms of recovery from medical malpractice claims, many plaintiffs secure more than they initially expected, thanks to their legal counsel.
Kenneth M. Sigelman & Associates offers a unique approach to client representation in medical malpractice claims. Attorney Sigelman’s experience as a physician and an attorney allows the team to provide carefully developed legal strategies for every client. In addition, our team knows how local medical groups handle medical malpractice claims and can help our clients secure favorable results. To discuss a potential case with an experienced San Bernardino medical malpractice lawyer, contact us today and schedule a free consultation about your case.
Kenneth M. Sigelman and Associates possesses an exceptional and thorough knowledge of California law, decades of legal experience and a commitment to achieve justice and obtain fair compensation for victims. Click below to learn more about our team of San Diego, CA attorneys.
KEN SIGELMAN J.D., M.D.
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