ORANGE COUNTY MEDICAL MALPRACTICE AND MEDICAL NEGLIGENCE
Medical Malpractice FAQs
Welcome to our California Medical Malpractice and Medical Negligence information
website. Our Orange County Medical Malpractice Attorneys stand ready to assist you
with the complex issues of medical malpractice claims and medical negligence
lawsuits. A free consultation with an Orange County Medical Malpractice Attorney is
only a phone call away. CALL NOW! 714-835-4444.
Medical Malpractice Law in California is such that medical malpractice cases are
some of the most difficult and expensive personal injury cases to handle. To
prevail in a California medical malpractice law suit it is often necessary to
hire very expensive expert medical witnesses to prove your case. It is not
uncommon for the litigation costs of a medical negligence case to run upwards of
$50,000.00. If we believe that your case is economically viable, we may carry
those expenses for you until the case is concluded.
Our Orange County Medical Malpractice Lawyers will go through the individual facts
of your particular case to determine with you whether or not it is economically
feasible and advisable to pursue your medical malpractice claim. A medical
malpractice lawsuit may take as long as 3 years or more to conclude, therefore
it is imperative that we analyze your situation from the beginning, as there
will be a considerable investment of time and expense on your part and ours.
DO YOU HAVE A CALIFORNIA MEDICAL MALPRACTICE CLAIM OR CASE UNDER CALIFORNIA
MEDICAL NEGLIGENCE LAWS?
Before filing a California medical malpractice case, there are 4 important
questions about your medical negligence claim which must be answered
1. Did the Defendant health care provider (Doctor, Hospital, Nurse, etc.) owe a
duty of care to the Plaintiff (injured, harmed patient)?
2. Did the Defendant health care provider breach the duty owed to the Plaintiff
patient by rendering care that was below the acceptable standard of care in the
3. Did the sub-standard care rendered by the health care provider actually cause
the damages allegedly suffered by the Plaintiff?
4. Did the Plaintiff suffer direct damages as a result of some malfeasance on
the part of the Defendant?
The first question is usually answered easily. Did the Defendant agree to render
care to the patient? If so, then the Defendant assumed a duty to treat the
patient with skill, and diligence, and care as excercised by competent and
careful health providers.
Secondly, medical malpractice occurs when a health care provider fails to
provide services that would be reasonably expected to be provided by other
skilled and competent providers in the community under the same circumstances.
Thirdly, the action or failure to act on the part of the health care provider
must have actually caused the injury of which the Plaintiff is complaining. In
other words, but for the Defendants action or failure to act, the Plaintiff
would not have been injured.
Lastly, the Plaintiff must have suffered direct consequences from the Defendants
conduct. Such direct consequences may include lost wages, medical expenses,
other economic damages, as well as mental or physical pain.
The economic damages which may be recovered in a California Medical Negligence
lawsuit include the cost of medical care, prescriptions and devices, as well as
lost wages, lost future earnings and any other out of pocket expenses. A
plaintiff in a California medical malpractice case may also recover general or
non-economic damages which include pain and suffering. In California, by
statute, recovery of non-economic damages is limited to $250,000.00.
WHAT IS INCLUDED AS MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE IN CALIFORNIA?
California medical malpractice cases are not limited to physicians and surgeons.
Medical negligence may be imputed to any doctor, physician, surgeon, MD, DO,
chiropractor, physical therapist, nurse, nursing assistant, pharmacist,
inhalation therapist, psychologist, psychiatrist, dentist, dental assistant,
etc. In short, California medical negligence laws may apply to anyone or any
facility in the business of providing health care. Hospitals, clinics,
laboratories and lab technicians, pharmacies and pharmacy technicians, medical
equipment providers and pharmaceutical companies, also may be included in a
medical malpractice lawsuit.
The following is a partial list, by no means complete, of the kinds of things
that may be considered medically negligent. Failure to diagnose, delayed
diagnosis, misdiagnosis, failure to treat, delayed treatment, incompetent
treatment, unauthorized treatment, lack of consent to treat, lack of informed
consent, birth trauma, birth injury, cerebral palsy, Erb's palsy, birth
injuries, hospital negligence, nursing negligence, pharmaceutical error,
defective medicine, side effects, failure to disclose or warn of possible side
effects, medical error, surgical error, medical mistakes, surgical mistakes,
chiropractor error, chiropractic mistake, anesthesia error, prescription error,
medication mistake, wrong medication prescribed, wrong prescription dosage,
overdose of medication, reaction to medication, failure to perform appropriate
testing, misinterpretation of lab results, failure to review lab results,
failure to take preventative measures for heart attack or stoke, unethical
treatment, abusive treatment, and patient abuse. There are many, many more
possibilities for medical injury, medical negligence and medical malpractice.
Every case and every set of personal circumstances is unique. We will be more
than happy to take the time to discuss your situation with you. Our initial
consultation either by phone or in person is absolutely free. Please do not
hesitate to call. Our staff members are very caring and responsive. We look
forward to being of service to you.
PLEASE CALL US NOW. 714-835-4444 FREE CONSULTATION