Medical Negligence
MEDICAL MALPRACTICE FREQUENTLY ASKED QUESTIONS
If you were a victim of medical error, our team at Karlin & Karlin, APLC is here to protect your interests. We have been protecting the rights of personal injury and medical malpractice victims for over 40 years and we know how to get results. Our experience trial attorneys know how to recognize the signs of medical malpractice and can help you prove the fault of the medical professional(s) responsible for your injuries. With millions recovered for previous clients, you can feel confident knowing that our medical malpractice lawyers will be standing by your side, seeking the full amount of compensation that is owed to you.
The following are some commonly asked questions about medical malpractice. Please contact one of our experienced medical malpractice attorneys if you have questions about your specific situation.
What is medical malpractice?
Medical malpractice occurs when a doctor or other healthcare provider breaches his or her duty to a patient to perform treatment with the skill required of members of the healthcare provider’s profession. Medical malpractice cases are frequently referred to as medical negligence cases. [...]
Who can I sue for medical malpractice?
You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your... Learn More [...]
How do I know if I have a valid medical malpractice case?
One of the factors that sets medical malpractice cases apart from most other personal injury cases is that frequently you will not have any idea as to whether or not you have been the victim of malpractice. What you will know is that you or a family member has received a bad result or outcome... Learn More [...]
What is meant by “a breach of the standard of care” in a medical malpractice case?
In order to win a medical malpractice case, a patient must prove that one or more healthcare providers breached the “standard of care.” The standard of care in California requires that a healthcare provider exercise adequately the skill, knowledge and care ordinarily possessed and exercised by other members of the profession acting under similar conditions... Learn More [...]
If I can prove that the defendant violated the standard of care, does that mean I win my case?
No. You must also prove that the violation of the standard of care “caused” your injury. This can be very difficult to prove in medical malpractice cases because the medical issues can be very complicated. The defense will normally make one of the following claims: that the injury for which the plaintiff is suing is... Learn More [...]
Can I sue a doctor for malpractice even though my case did not involve a surgery?
Yes. Some of the most common medical malpractice cases involve a failure to diagnose cancer and other serious illnesses. Further, a malpractice claim can be based on a doctor’s failure to take an adequate history, monitor a patient’s progress, failure to prescribe appropriate medicine, and many different acts which can occur in the course of... Learn More [...]
What are some of the common allegations in malpractice cases involving surgery?
In some elective surgery cases, there is an issue as to whether the surgery should have been performed at all. At other times when a surgery is non-elective, the claim may be based on an undue delay in performing a surgery. Further, the surgery itself may have been improperly performed, and it is not at... Learn More [...]
If my baby is born with birth defects, can I bring a malpractice case against the doctors and hospital?
Yes, as long as you can establish malpractice. These cases, known as “obstetrical malpractice” cases, can be the most challenging and expensive cases to pursue. Frequently, babies born with birth defects will require a lifetime of care that can cost into the tens of millions of dollars. Thus, doctors and hospitals spend a great deal... Learn More [...]
How long do I have to bring a medical malpractice case?
The statute of limitations in medical malpractice cases is different than the statute of limitations in most cases. First of all, one must always remember that if the case involves a government entity, a claim must be brought within six months of the date of injury. In all other cases, the complaint must be filed... Learn More [...]
What damages can I recover in a medical malpractice case?
A medical negligence lawsuit can recover damages for pain and suffering, past medical expenses, future medical expenses, lost wages, disfigurement, and loss of enjoyment of life. In California, non-economic damages (those linked to pain and suffering, disfigurement, and loss of enjoyment of life, for example) cannot be more than $250,000. [...]