Guide to Filing a Medical Malpractice Claim in California
Most people go to a medical provider expecting to find a health solution, plan, or relief from their symptoms. Generally, a medical provider lives up to these expectations and abides by the standard of care. However, sometimes they do not, and the consequences can be devastating.
If you’ve been injured by a medical provider, you may be eligible to file a medical malpractice claim. Talk to one of our highly qualified California medical malpractice lawyers to learn more.
- 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 some of the most difficult to pursue. They require a great deal of resources and expert witnesses, which can be quite costly. Additionally, in California, non-economic damages are limited to $250,000. Because of these factors, many personal injury lawyers shy away from pursuing medical malpractice claims.
To prove medical malpractice in California, you must demonstrate 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, they owed you a reasonable duty of care while you were under their medical supervision or care. If you were or are not under their care, you cannot seek a claim against a medical provider.
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 prove this, you must establish how they have 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 retain medical experts to testify how a medical provider failed to abide by the medical standard and how they should have acted according to 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. For example, you must prove more than the simple wrongful or neglectful, or unreasonable act of a medical provider. The act must have an objective physical or emotional injury. In California, a substantial factor test is used to prove causation. A substantial factor is an element that a reasonable individual would believe in having contributed to the harm, and it must be more than a trivial 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
At Eric Ratinoff Law Corp., our goal is to recover maximum compensation on your behalf while also connecting you with the care you need to bolster 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 our 30 years of experience and compassionate legal representation, you are prepared to fight for the complete compensation you deserve.
Schedule a complimentary consultation by calling (916) 970-9100 or filling out our contact form.