A medical error can lead to significant setbacks for patients and their family members. Preventable medical mistakes can cause a worsening of an injury or illness, or they can cause a completely new injury or illness that the patient has to contend with. At Callahan & Blaine, we are here to help if you need an Irvine medical malpractice attorney by your side. Our team has extensive experience handling complex medical mistake cases throughout California, and we have the resources necessary to help you through this entire process. Contact us today to discuss your case.
Medical professionals in California are expected to uphold certain standards. When working to judge whether or not a person has violated the medical standard of care, there are a variety of factors that will be examined. This will include whether or not a duty of care has been established between the person who experienced the medical mistake and the medical professional.
After a duty of care has been established, it will need to be determined whether or not that duty has been breached. For medical malpractice claims, this will mean examining the situation and determining how a similarly trained medical professional would have reacted or performed under similar circumstances.
There are a variety of ways that medical malpractice claims arise. Some of the main causes of medical mistakes include the following:
This is certainly not an exhaustive list of how medical errors arise. If you think that you or somebody you care about has been harmed due to the actions of a medical professional in Irvine, reach out to the team at Callahan & Blaine as soon as possible.
There may be various parties who can be held liable for medical malpractice in the state of California. First, any medical professional who performs below the acceptable standard of medical care will likely face a lawsuit from any person harmed by their actions. This can include a range of medical professionals, such as:
Additionally, the agencies that these individuals work for could also hold liability in these situations. Each facility that allows medical professionals to practice could be held accountable through the theory of vicarious liability, which means that the agency can be held responsible not only for their own negligence but for the negligence of those under their purview.
Every state has specific deadlines in place for how long victims of medical malpractice have to file lawsuits. In California, medical malpractice claims must generally be filed within three years from the date an injury occurs or within one year after a person discovers, or should have discovered, their injury (whichever of these dates comes first).
Medical malpractice lawsuits on behalf of a person under the age of 18 must be started within three years from the date of the alleged malpractice, with the exception of children who are harmed when they are under the age of six. In this situation, the claim must be filed within three years from the date of the alleged malpractice or prior to the child’s eighth birthday, whichever is the longer window.
There are many states around the country that place damage caps on how much compensation a person can receive for a successful medical malpractice claim. In California, there is no limitation to how much money a person can receive for economic damages as a result of a successful medical malpractice claim. This can include compensation awarded for medical expenses, lost income, general household out-of-pocket expenses, coverage of physical therapy or rehabilitation, etc.
However, California does place a limitation on the total amount of non-economic damages that can be awarded for a medical malpractice claim. This limitation is set at $250,000. Non-economic damages for a medical malpractice claim include coverage for what many people call “pain and suffering damages.” This can include compensation for things like emotional distress, anxiety, loss of quality of life, loss of consortium for a spouse, etc.
Aside from the non-economic damage cap of $250,000 mentioned above, there is no way to definitively say how much a medical malpractice claim can be worth. Each lawsuit that arises as a result of a medical mistake in California will be handled on a case-by-case basis, and no two claims are exactly alike. There are various factors that can affect the value of a medical malpractice claim, including the severity of the injury or illness the patient sustains, whether or not they are able to work, the extent of any short- or long-term disabilities, and the level of a medical malpractice victim’s pain and suffering.
If you or somebody you care about has been injured due to a preventable medical error made by a medical professional in Irvine, California, reach out to the Irvine personal injury attorneys at Callahan & Blaine for help as soon as possible. Our attorneys have the resources necessary to conduct a complete investigation into your claim and help you determine liability. We want to make sure that you are properly compensated for any losses you have incurred as a result of the careless or negligent actions of a medical professional. When you need an Irvine medical malpractice attorney, you can contact us for a free consultation by clicking here or calling us at (714) 241-4444.