Guide to Filing a Medical Malpractice Claim in California
Many people go to a medical provider expecting to find a solution for their health concern. In general, most physicians do their best to deliver a solution, or at least a treatment plan to alleviate the problem. Sometimes, however, things go wrong, and the patient leaves their medical provider in worse condition than when they arrived.
If you’ve been harmed by a medical provider as a result of a negligent act or omission, you may be eligible to seek compensatory damages in the form of a medical malpractice claim. With the help of a highly qualified California medical malpractice lawyer, you may achieve the compensation you deserve for the injury they caused.
The medical malpractice legal team at Eric Ratinoff Law Corp. has over 30 years of experience successfully resolving medical malpractice claims. We have recovered billions of dollars on behalf of our personal injury clients. From your initial free consultation all the way through to resolution, we will fight on your behalf so you can focus on your recovery.
- 1 How to Prove Medical Malpractice in California
- 2 Damages Recoverable in a Successful Medical Malpractice Claim
- 3 Speak With a Highly Qualified California Medical Malpractice Lawyer at Eric Ratinoff Law Corp.
How to Prove Medical Malpractice in California
Medical malpractice claims are not easy, and many personal injury lawyers are not fully equipped for the fight. Proving medical malpractice in California requires demonstrating four of the following elements:
1. The Medical Provider Owed You a Duty of Care
Whether it is a nurse, doctor, pharmacist, technician, or another medical provider, medical professionals owe patients a reasonable duty of care while you were under their medical supervision or care.
2. The Medical Provider Breached a Lawful Duty of Care
You must demonstrate that a medical provider breached a lawful standard of care for providing medical treatment. To demonstrate this breach, you must establish that a healthcare professional acted or failed to act in a way a reasonable provider in a similar circumstance would have acted to avoid injury. At Eric Ratinoff Law Corp., we do extensive research into the circumstances of our clients’ claims and retain medical experts to help prove there was a breach in the standard of care.
3. The Medical Provider Directly Caused Your Injuries
You hold the burden of proof to show how the medical provider’s breach of a standard duty of care directly caused your injuries. You must prove more than the simple wrongful, neglectful, or unreasonable actions of a medical provider. The act must involve an objective physical or emotional injury. In California, a substantial factor test is used to prove causation. A substantial factor is any element that a reasonable individual would believe contributed to the harm. It must be more than a small or minor factor.
4. You Suffered Damages as a Result
The last element you must prove is that the medical provider’s breach of duty caused injuries and other damages that are appreciable or recognizable. At Eric Ratinoff Law Corp., we assess the monetary value of your claim by considering the economic and non-economic losses you have sustained due to the medical provider’s negligence.
Damages Recoverable in a Successful Medical Malpractice Claim
In a successful medical malpractice claim in California, you may recover the following damages:
- Present and future medical treatment
- Lost wages
- Loss of consortium
- Medical devices or assisted care
- Pain and suffering
- Emotional distress
- Disability, scarring, or impairment
In California, there is unfortunately a $250,000 cap on what you may recover for non-economic damages in a medical malpractice lawsuit. While there is no cap on economic damages, the cap on pain and suffering is a serious injustice to people who have been seriously disabled by the medical practice. At Eric Ratinoff Law Corp., we do everything we can to recover maximum compensation on your behalf while also connecting you with the care you need to increase your healing and recovery.
Speak With a Highly Qualified California Medical Malpractice Lawyer at Eric Ratinoff Law Corp.
For experienced guidance in filing a medical malpractice claim, consult a skilled medical malpractice lawyer at Eric Ratinoff Law Corp. Attorney Eric Ratinoff is a seasoned trial lawyer with a local and national track record of success, including numerous jury verdicts. With over 30 years of experience and compassionate legal representation, we are prepared to fight for the complete compensation you deserve.