When you treat with a doctor or medical professional, you trust they have your best interest in mind. However, mistakes happen and can lead to severe health complications. Fortunately, you can recover damages for personal injuries caused by medical malpractice.
Medical malpractice claims are potentially complicated and technical. Therefore, it is important you consult with a Glendale medical malpractice lawyer when considering a lawsuit for your injuries. An experienced attorney could increase your chances of recovering for your injuries.
Process of a Medical Malpractice Lawsuit
Immediately after discovering a personal injury from medical malpractice, a plaintiff should meet with attorneys in Glendale. An experienced attorney will evaluate if the plaintiff’s injury resulted from malpractice and if a lawsuit is appropriate. Should a potential lawsuit exist, an attorney could help file the plaintiff’s case and start the process of recovering damages.
Once the lawsuit is filed, the two sides begin exchanging information related to the plaintiff’s claim. The defense attorney will request information relating to the plaintiff’s alleged damages. When a plaintiff makes claims of injuries and economic damages, the defense is entitled to certain information, including:
- Past medical records
- Plaintiff’s income if monetary damages are alleged
- Plaintiff’s education and employment history
- Plaintiff’s usual activities
Once the parties exchange the information, the defense may request the plaintiff appear for a deposition. A plaintiff must answer questions relating to the injury, the injury’s impact on the plaintiff’s life, and any questions regarding the plaintiff’s monetary damages. Plaintiff will have their attorney present to object to any unreasonable questions.
When to Sue for Medical Malpractice?
The California Code of Civil Procedure §340.5 requires the plaintiff’s file their claim within one year of discovering the injury. The law also imposes a maximum limitation of three years from the alleged cause of the injury. Therefore, the plaintiff’s claim is barred if they discover the injury more than three years after the malpractice occurred.
Once the statute of limitations expires, a court will not hear the plaintiff’s claim. A plaintiff should meet with an attorney in Glendale shortly after discovering their injury, so their medical malpractice claim is timely.
Who Is Liable for Medical Malpractice?
A plaintiff may have difficulty identifying which medical professional is responsible for their injuries. Typically, several people are involved in the plaintiff’s treatment. Depending on how the injury occurred, the following persons may be responsible:
- Plaintiff’s doctor
- Physician’s Assistants
Given the number of people potentially liable for medical malpractice, a plaintiff should consult with an attorney in Glendale to determine who to sue. If a lawsuit is brought against the wrong person, the court may dismiss the case altogether. An experienced attorney can identify who to sue and potentially hold the correct person responsible.
Consult a Glendale Medical Malpractice Attorney for Help
If a medical professional has injured you, it may be difficult to trust another professional. However, a medical malpractice claim requires an experienced attorney to navigate the legal process. An experienced Glendale medical malpractice lawyer could help you recover the damages you deserve.
If you have suffered life-changing injuries, the person who caused them should be held responsible. You should move quickly to bring your lawsuit, so you do not lose your chance at recovering for your injuries. Call and schedule an initial consultation with our firm today and find out how our team can help you.