Medical malpractice can be devastating for injured patients and their families. A Moreno Valley medical malpractice lawyer may be able to help you protect those rights.
Significant injuries can result from medical malpractice, which means that you may be entitled to substantial compensation for your losses. By contacting a knowledgeable and experienced attorney right away, you may put yourself in a stronger position to get the compensation that you need. En Español.
What is a Medical Malpractice Claim in Moreno Valley?
Doctors and other health care professionals must adhere to a minimum standard of care in their professions that is reasonable under the circumstances. If these professionals fail to meet that standard of care, and injury to patients occurs, they may be liable for medical malpractice. Malpractice can occur at any stage of the treatment process, from the initial diagnosis to aftercare procedures.
Medical malpractice is a complex area of the law that requires knowledge of professional medical standards and the ability to analyze extensive medical records carefully. Expert medical witnesses also typically are a part of medical malpractice claims, which necessitates experience in handling these types of witnesses. As a result, individuals should strongly consider consulting a medical malpractice attorney in Moreno Valley for advice if they believe that they have fallen victim to medical malpractice.
Situations that May Lead to Medical Malpractice Claims
A wide range of conditions can lead to medical malpractice claims. However, some incidents involving medical malpractice occur frequently including:
- Leaving instruments or supplies within the bodies of patients during surgery
- Failing to diagnose or misdiagnosing a severe medical condition that causes treatment delays
- Prescribing the incorrect dosage or drug to patients
- Performing surgery on the wrong body part or the incorrect surgical procedure
All these situations can lead to medical malpractice claims. If patients can prove that they suffered injuries as a result of the negligence of medical professionals, they may have successful medical malpractice claims. These claims may affect not only doctors, but nurses, pharmacists, medical technicians, and others.
Damages in Moreno Valley Medical Malpractice Cases
Successful medical malpractice claims can result in patients receiving damages for their losses. These damages may include:
- Medical, hospitalization, and surgical expenses
- Mental suffering and emotional distress
- Loss of income due to being unable to work
- Permanent impairment and disfigurement
The law distinguishes between economic or compensatory damages and non-economic damages. Compensatory damages awards are unlimited, as they are easily quantifiable, such as medical bills. Non-economic damages, however, are far more subjective, such as compensation for pain and suffering.
Although damages may be very high in some medical malpractice claims, state law places a cap on the amount of damages that injured patients can receive in these claims. Under Cal. Civ. Pro. Code § 3333.2, non-economic damages in medical malpractice claims are capped at a maximum award of $250,000. A medical malpractice attorney can be beneficial for individuals who are seeking damages in a Moreno Valley medical injury claim.
Is There a Deadline for Filing a Medical Malpractice Case?
Medical malpractice claims are subject to strict statutes of limitations or deadlines by which injured patients must file their claims. According to Cal. Civ. Pro. Code § 340.5, patients generally have three years from the date of the malpractice incident in which to file their claims or one year from the date that they discover their injuries. This exception is designed to allow later claims by individuals who do not find out that malpractice has occurred until suffering complications after the regular statute of limitations has expired.
For minors, the statute of limitations is different. Minors have three years from the date of the incident of malpractice to file their claims. However, if they are were less than six years old at the time of the malpractice, they have until their eighth birthdays to file a claim.
Look to a Moreno Valley Medical Malpractice Attorney for Advice
Medical malpractice claims are complex legal matters that only selected lawyers know how to handle. Enlisting the assistance of a Moreno Valley medical malpractice lawyer may be vital to your ability to recover compensation for your losses.
Since medical malpractice cases have time limitations, you may wish to consider consulting legal counsel as quickly as possible following suspected medical malpractice. Otherwise, you may miss out on your chance to hold healthcare professionals accountable for their negligence.