Sacramento Medical Malpractice Lawyers

Malpractice Attorneys in Sacramento, California

A Sacramento medical malpractice attorney or lawyer at our firm will be happy to answer any questions you may have during a free case evaluation. Additionally, below you will find many of the answers to many questions pertaining to medical malpractice cases in Sacramento:

Sacramento Medical Malpractice:
Frequently Asked Questions

How do I know if I have a medical malpractice claim?

Just because you may have had a bad experience or bad outcome in a medical procedure does not necessarily mean that it is medical malpractice.  Medical malpractice is negligence by a healthcare professional such as a doctor, dentist, therapist, nurse, and/or hospital whose treatment of a patient is less than the professional standard of care and who has caused harm to said patient as a result of negligence or total disregard.

What does it mean when you say “standard of care?”

While for the most part the law generally determines “standard of care,” it is defined by the medical community.  The issue when it comes to standard of care is whether any reasonable medical professional could have done what the particular medical professional in question did, based on the available information at that time.  In other words, did the medical professional provide the same care as his or her peers would have in that given situation?  

What does “informed consent” mean? 

When a medical professional is going to perform a procedure, he or she is required to advise the patient of the procedure as well as of all the possible consequences that may arise from the procedure.  This is known as “informed consent.”  If the medical professional fails to do this, it could cause a medical malpractice claim to arise.  There are some instances in which a medical professional is not required to obtain informed consent, such as when a patient is unconscious. 

What is the Statute of Limitations in a medical malpractice case?

Statutes of Limitations are specific deadlines that have to be met in order for claims to be filed.  In California, the times when the statute of limitations begins and ends is not always easy to establish.  Nonetheless, when it comes to medical malpractice claims, a claim must be brought within one year from the date that the claimant discovered that the negligent act caused the injury, but no more than three years from the date of injury.  Claims brought by or on behalf of minors must be filed within three years from the date the negligent act occurred, unless the child is under the age of six years, in which case, a clam must be filed within the three-year period or prior to the child’s eighth birthday, whichever provides the longer time period.  There are a few exceptions that allow for the statute of limitations to be extended up to three years from the time of injury.  A knowledgeable Sacramento medical malpractice attorney will be able to advise as to the exact statute of limitations in your case. 

Can you file a medical malpractice claim against someone other than a doctor?

A medical malpractice claim can be filed against any person or entity that offers health care.  This includes doctors, nurses, physical therapists, optometrists, dentists, technicians, hospitals, etc. 

Who can file a claim if I die as a result of medical malpractice?

Your estate and survivors may be able to file a medical negligence wrongful death suit if your death is a result of medical malpractice.  There are other circumstances when other people who are financially dependent upon the deceased individual may also file a claim. An experienced Sacramento medical malpractice lawyer will be able to make a determination as to who can file a claim in a wrongful death suit. 

Should I obtain my own medical records or should I have a Sacramento medical malpractice attorney get them for me? 

While a Sacramento medical malpractice lawyer can obtain your medical records, it is always better to have the patient attempt to get his or her own medical records first.  When medical professionals and hospitals see that requests from medical malpractice lawyers are being made, then they are made of aware of the possibility that a claim may be filed.  This can sometimes result in lost or even altered medical records. 

Does California have any special provisions in the law pertaining to medical malpractice claims?

Yes.  There is a law known as the medical Injury Compensation Reform Act (MICRA) that applies specifically to medical malpractice claims in California. Under MICRA, the law provides various protections to healthcare providers, and this makes medical malpractice claims sometimes quite complex.  Therefore, it is important that you consult with an experienced Sacramento medical malpractice attorney who is well-versed in MICRA. 

Are there caps to the amount of damages I can receive?

Yes.  California does have caps on non-economic damages for medical malpractice cases.  Non-economic damages include compensation for pain, suffering, physical impairment, inconvenience, disfigurement, and other non-pecuniary injury.  The cap limits the amount of compensation to $250,000.  There are, however, separate caps which are allowed for both the patient and his or her spouse claiming a loss of consortium. 

How is the amount of my Sacramento Medical Malpractice claim determined?

When determining the amount of compensation that may be awarded in a personal injury suit, the most common things that are looked at are:

• Medical Expenses
• Rehabilitation Therapy, including services utilized to assist the claimant in either returning to one’s former work or training for a new occupation if the injury prevents the claimant from working in his or her normal profession. 
• Lost Wages – These are all wages and earnings which would have been earned by the claimant but because of the negligence, such earnings were not or could not be made. 
• Pain and Suffering – Consideration is given to the amount of pain and suffering that was caused as a result of the negligent act. 
• Punitive Damages – In some instances, punitive damages may be granted.

What are punitive damages?

In addition to compensation for injuries, victims of premises liability and personal injury cases may be able to obtain punitive damages if the defendant’s conduct was deemed to be particularly unconscionable, reckless, or willful and wanton.

Will I have to go to court?

Every case is different; however, many personal injury and medical malpractice claims are settled out of court.  Your Sacramento medical malpractice lawyer will be able to advise you if and when you will have to appear in court. 

Sacramento Medical Malpractice Lawyers

Health care professionals are to meet a level of care (standard of care) that is deemed reasonable and comparable to that which is offered by all other health care professionals.  When these standards are not met or are compromised in some way, medical mistakes are made that could have been avoided.  Almost 180,000 individuals suffer personal injuries resulting from negligent care by a doctor or other medical professional each year.  Medical malpractice occurs when a medical professional does not fulfill his or her duties to take appropriate care in a standard manner.

Though the majority of health care professionals provide quality care, mistakes are sometimes made which can have an adverse affect on a patient.  At the Sacramento Medical Malpractice Law Firm, we represent medical malpractice victims and their families whose medical provider failed to meet the standard of care which he or she should have in diagnosing or treatment.  Our highly skilled Sacramento medical malpractice attorneys have an extensive amount of experience in cases involving birth injuries, brain injuries, surgical mistakes, failure to diagnosis or misdiagnosis, nursing errors, and more.  

Contact a Sacramento medical malpractice lawyer at our firm today!