How Do You Prove Medical Malpractice in California?
Alarmingly, medical negligence is one of the leading causes of death in the United States, and proving medical malpractice in California can be difficult. A 2016 study cited by The Washington Post found that only cancer and heart problems are to blame for more deaths than medical errors. If you or your family member suffered any type of injury or health complication as the result of medical negligence, you may be eligible to recover compensation through a medical malpractice claim.
Medical malpractice lawsuits are especially complex legal cases. In addition, medical professionals, hospitals, and insurance companies are often aggressive in defending these claims. Victims must be able to present a strong case. Here, our Oakland medical malpractice lawyers highlight the most important things that patients need to know about proving medical malpractice in California.
Understanding the Standard for Medical Malpractice in California
In California, patients can hold medical professionals and healthcare providers legally liable for injuries or deaths that were caused by, at least in part, a negligent act. The four required legal elements of a medical malpractice claim are as follows:
- A valid doctor-patient relationship existed;
- A medical professional violated the standard of care;
- The violation of that standard resulted in harm to the patient; and
- The patient suffered real, compensable damages.
To be clear, a patient cannot hold a medical provider legally liable for malpractice in California simply because they had poor results or because something went “wrong” in the course of their treatment. In a medical malpractice claim, a patient must be able to prove that their doctor or medical provider offered them treatment that was worse in quality than an ordinary doctor/provider would have offered under similar conditions.
Evidence Matters: Patients Must Present a Strong Legal Claim
Modern medicine is incredibly complex. As a result, it can often be difficult for injured patients to know whether or not they were actually the victims of malpractice at all. For this reason, it is imperative that patients who have suffered complications after receiving medical care get a consultation with an experienced California medical malpractice lawyer.
A lawyer will be able to conduct a comprehensive investigation of the case in order to determine what action needs to be taken. In building a successful medical malpractice claim, evidence matters. Relevant evidence comes in a number of different forms, including:
- Medical records;
- Patient depositions;
- Witness testimony; and
- Expert testimony.
Notably, in most California medical malpractice cases, expert medical testimony is critically important. If you were the victim of medical negligence, your lawyer will be able to connect you with the right experts who can support your malpractice claim.
California Medical Malpractice Frequently Asked Questions
What is medical malpractice?
Medical malpractice occurs when a healthcare professional provides substandard care that causes harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management.
How do I know if I have a medical malpractice case?
To determine if you have a case, consider whether the healthcare provider deviated from the standard of care, causing you harm. Consulting with a medical malpractice attorney can help you assess your situation.
What is the statute of limitations for filing a medical malpractice claim in California?
You generally have one year from the date you discovered, or should have discovered, the injury to file a claim. For minors, the time limit is extended until their 8th birthday.
What damages can I recover in a medical malpractice claim?
You can recover economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering). In some cases, punitive damages may also be awarded.
Do I need a lawyer to file a medical malpractice claim?
While not required, it is highly recommended to consult with a medical malpractice attorney. They can help navigate the legal process, gather evidence, and negotiate with insurance companies.
What is the standard of care in medical malpractice cases?
The standard of care refers to the level and type of care that a reasonably competent healthcare professional, in a similar field and under similar circumstances, would provide.
How do I find a medical malpractice attorney?
You can search for attorneys through the State Bar of California’s Lawyer Referral Service, online directories, or personal recommendations.
What is the role of expert witnesses in a medical malpractice case?
Expert witnesses, usually other healthcare professionals, testify about the standard of care and whether it was breached in your case.
What is the process for filing a medical malpractice claim?
The process typically involves consulting with an attorney, gathering medical records, obtaining expert opinions, filing a complaint, and going through discovery and settlement negotiations or trial.
How much does it cost to file a medical malpractice claim?
Most medical malpractice attorneys work on a contingency fee basis, meaning they only get paid if you win the case. Their fees are usually a percentage of the settlement or award.
Get Help from Our Oakland Medical Malpractice Attorneys Today
At Bracamontes & Vlasak, our top-rated California medical malpractice lawyers are strong advocates for patients. If you or your loved one suffered an injury or complications due to medical negligence, we will help you maximize your financial recovery.
For a free, no-obligation consultation, please call us today at (415) 835-6777. With an office in Oakland and San Francisco, we represent medical malpractice victims throughout the Bay Area, including in Oakland, Alameda, and San Jose.
(Updated 12/6/2024)
