Los Angeles Medical Malpractice Lawyer
Legally Reviewed By: Michael A. Akselrud
A Los Angeles health care provider can do everything possible to provide a patient with the best care. However, the provider can make a mistake along the way. This mistake can harm a patient and their family. It can even result in a patient’s death.
If a health care provider makes a mistake due to negligence, the patient and their family can pursue financial damages. At this time, it can be beneficial to partner with the Los Angeles medical malpractice lawyers at The Lanier Law Firm.
Our Los Angeles personal injury attorneys have handled many medical malpractice cases to date. We can review your medical malpractice legal claim and help you get fair compensation from any at-fault parties.
Common Causes of Medical Malpractice
There are many reasons for California residents to file medical malpractice lawsuits, including:
- Incorrect or delayed medical diagnosis
- Injury or death during medical treatment
- Failure to properly treat a patient’s medical condition
- Medication errors
- Poor documentation
You can file a lawsuit to obtain financial compensation due to a health care provider’s negligence at any time. In addition, your lawsuit can help you expose a health care provider’s negligence and minimize the risk that other patients suffer similar trauma.
What qualifies as medical malpractice in California?
Medical malpractice occurs when a doctor, hospital, or another health care provider fails to provide a high level of care to a patient. The provider is not legally responsible if the patient experiences an injury or dies. But if the provider has deviated from the level of care they are expected to provide to the patient, they can be held liable for medical malpractice.
You can file a California medical malpractice lawsuit if you are harmed by a health care provider’s negligence. Meanwhile, you must be able to prove that a provider’s inability or unwillingness to follow a predefined standard of care resulted in injury or wrongful death.
Conversely, you cannot submit a medical malpractice claim if you are dissatisfied with a health care provider. And you cannot sue a provider for medical malpractice if it followed a proper standard of care, but you did not receive your desired results.
Who can I sue for medical malpractice in Los Angeles?
You can sue a doctor, nurse, hospital, and any other parties responsible for your medical malpractice.
Our Los Angeles medical malpractice attorneys can perform an in-depth review of your case. We can then determine the at-fault parties and help you pursue financial compensation from them.
Proving Medical Malpractice
Here are the elements of proof in a California medical malpractice lawsuit.
There is a valid relationship between a patient and their health care provider.
A health care provider must administer patient services at their office or hospital. Also, the provider must follow an accepted standard of care for patients when providing these services to patients.
The health care provider violated their standard of care.
You must be able to show that a health care provider violated their standard of care and that this violation resulted in harm.
You experienced real damages due.
Medical bills, expert testimony, and other evidence can be used to show that a health care provider’s negligence caused real damages. They can provide immense value to your case against the provider.
Our Los Angeles personal injury lawyers know what it takes to win medical malpractice lawsuits. We can help you gather and analyze evidence so you can win your case.
What type of compensation can I recover in a medical malpractice lawsuit?
You can recover three types of damages in a medical malpractice lawsuit:
Verifiable economic losses; economic damages can include compensation for medical bills or loss of earnings.
Subjective economic losses; these damages can include compensation for emotional trauma or loss of companionship.
Damages that are awarded to deter reckless or negligent behaviors.
There is no cap on the economic damages you can receive in a California medical malpractice lawsuit. However, there is a $250,000 cap on non-economic damages in California medical malpractice lawsuits.
At The Lanier Law Firm, our medical malpractice attorneys want you to get the maximum compensation amount as quickly as possible. We can help you submit a medical malpractice legal claim for economic and non-economic damages from any at-fault parties.
Statute of Limitations for Medical Malpractice in California
In the state of California, you must submit your legal claim no later than three years after the date of your injury or one year after you discover your injury.
Medical Malpractice Leading to Wrongful Death
You can file a medical malpractice lawsuit against a health care provider for the wrongful death of a family member. To do so, you must be able to prove that your family member’s death was the result of a health care provider’s wrongful or neglectful act.
Wrongful death lawsuits in California are classified as personal injury claims. You can pursue many economic and non-economic damages in a California wrongful death lawsuit against a health care provider, including:
In California, you cannot pursue compensation for a medical malpractice victim’s pain and suffering in a wrongful death lawsuit.
California has a “one-action rule” for wrongful death cases. The rule states one lawsuit can be filed against a responsible party. This means you and your family can file a single medical malpractice wrongful death lawsuit against a health care provider,
There are several factors that can impact the damages awarded to family members in a California wrongful death medical malpractice lawsuit. These include:
California’s personal injury statute of limitations applies to wrongful death cases. If a family member dies due to a health care provider’s medical malpractice, you have up to three years from the date of the incident or one year from the date of discovery to submit a legal claim.
It can be difficult to sue a health care provider following a family member’s wrongful death. Fortunately, our Los Angeles medical malpractice attorneys can assist. We provide support to medical malpractice victims and their families. Our team can respond to any concerns and questions surrounding medical malpractice claims. And we can help you pursue compensation from an at-fault health care provider responsible for your family member’s wrongful death.
Benefits of Working with a Medical Malpractice Lawyer from The Lanier Law Firm
There is no requirement to hire a Los Angeles medical malpractice lawyer. Yet the benefits of doing so can be significant for you and many others.
At Lanier Law, we have experienced Los Angeles medical malpractice lawyers on staff. Our attorneys are passionate about their work and committed to our clients’ success.
To date, our attorneys have helped clients collect billions of dollars in compensation. This is due to the fact that regardless of the case, our approach remains the same.
We review each medical malpractice claim carefully. Our attorneys ask questions and learn as much as we can about your claim. If we believe we can assist you, we’ll help you win your case.
Our medical malpractice attorneys have received numerous accolades over the years. We continue to raise the bar for lawyers across the United States. And we are happy to do whatever we can to pursue financial compensation in your medical malpractice case.
We are available to discuss your medical malpractice claim. For more information or to request a free consultation, please contact us online or call us today.