3 Things to Know About Medical Malpractice Lawsuits
If you have been injured by a doctor or other medical professional, you might be considering a medical malpractice lawsuit. Like other personal injury lawsuits, medical malpractice lawsuits seek damages for injuries suffered due to the negligence of the defendant.
Here are a 3 things you should know about medical malpractice lawsuits if you are considering pursuing a claim:
- Not every mistake made by a doctor is grounds for a lawsuit. Even if you did not receive the desired outcome from a procedure or medication, that does not necessarily mean the doctor has done anything wrong. In order to prove medical malpractice, you have to prove that the standard of care was breached. This would mean that the medical professional’s conduct was not up to the generally accepted standard of medical care, and that their negligence directly caused your injury.
- Injuries sustained by a negligent medical professional do not have to be physical. Doctors also owe an ethical standard of care to their patients. If a medical professional’s negligence caused emotional distress, shock or trauma, that could also be grounds for a malpractice lawsuit. Again, you would have to prove that the doctor owed you a standard of care, breached that standard, and in doing so directly caused your mental anguish or emotional trauma.
- Medical malpractice damages are limited in California. Before pursuing a medical malpractice claim in California, it is important to consider the limit imposed on damages. California limits non-economic damages from medical malpractice claims to $250,000. No matter the severity of the injury, and even in cases where death occurs, the limit is $250,000. This limit has been in place since 1975, and has never been adjusted for inflation.
Medical malpractice is a serious problem in the U.S. Medical mistakes are responsible for more than 200,000 deaths every year. If you have been injured due to a medical practitioner’s negligence, consult with a medical malpractice attorney to learn about your legal options.
“Unfortunately, California’s cap on non-economic damages for medical malpractice victims protects sloppy medical providers, while failing to adequately compensate those who have been injured,” said Attorney Walter Clark, founder of Walter Clark Legal Group.
Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today at (760) 777-7777 for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.
DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.