MEDICAL NEGLIGENCE FAQ

Who is liable?

A medical provider (doctor, nurse, dentist, therapist, etc.) is liable for injuries caused by the failure to use reasonable care in the delivering of medical services.  The concept of reasonable care is usually decided by reference to “expert opinion” testimony, i.e. the view of witnesses retained by each side in the case to review and evaluate the conduct in question.  A physician or health care provider is not automatically liable for every “bad result” since sometimes  a less than optimal result is not due to failure to exercise reasonable care, but is instead  an inherent part of or risk of the disease and treatment process.  Because medical cases are so reliant on expert testimony, they are often quite expensive to prosecute, since the retention of expert witnesses is time consuming and expensive.  In general terms, a medical case is only as good as the opinion of the experts testifying that a defendant practitioner fell below the applicable “standard of care” in providing medical services.

What is the time limit on bringing a medical case?

The statue of limitations on filing a case for medical negligence is one year from the date of the injury.  If the patient has continued to treat with the physician after the injury producing event, the statue may be extended up until the time the physician-patient relationship is ended.

What damages are available if I file a case?

The damages available for medical injuries are limited in California under the 1974 “Medical Injury and Compensation Reform Act” - which, thought now shockingly out of date, still serves to control the fate of California litigants over 30 years after its passage.  Some of the key features of this law are:

1. •Damages for pain and suffering, or for loss of comfort and affection in a wrongful death case, sometimes referred to as “general damages” are limited by statute to $250,000.  This “cap” on damages will apply regardless of how serious the injuries are, or the extent of suffering sustained by the victim.
   

2. •Damages for loss of earnings, past and future medical expenses, and other economic losses, sometimes referred to as “special damages” are recoverable without a cap, but the defendant has an option to pay off these expenses with periodic payments or by funding a payment plan.
   

3. •Unlike other cases, punitive damages are available only upon special motion with advance approval by the court, regardless of the conduct involved.
   

4. •Attorneys fees are limited by the statute for attorneys representing injured plaintiffs.  No limitation applies for lawyers representing the medical practitioner.
   

As is obvious, medical practitioners enjoy legal protections unavailable to other groups in our society.  Cases prosecuted against health care providers are difficult, expensive, and often economically unviable.  However, in the appropriate situation they can and should be aggressively prosecuted.  Our firm has handled many of such cases to a successful conclusion.  If you believe you or someone close to you has been injured due to negligence of a health care provider you should consult with experienced legal counsel as soon as possible.  Some suggestions for the initial meeting:

1. •Compose a written list of pertinent information including the names of all involved medical personnel, hospital or care facilities involved, dates of treatment, and a detailed description of what you believe occurred to cause the injuries in question.
   

2. •If available, bring all applicable medical records to the initial meeting with counsel.  You are entitled to a copy of your medical records from all treating facilities.  If not available, the lawyer will need to obtain those records by having you sign an authorization form.
   

3. •Have all of your health insurance material available showing all applicable coverage and any bills you have received
   

4. •Be armed with information regarding your health history which may be important in evaluating your claim of medical negligence.
   

Because of their complexity and expense medical negligence cases should never be undertaken lightly.  These are among  the most likely of all cases to require lengthy litigation and to proceed to trial since both medical practitioners and their insurance companies are reluctant to settle these cases without a significant fight.  However, if you have been the victim of medical fault you are entitled to fair compensation.  Our firm is proud to represent victims of medical negligence in obtaining justice in a system that has been slanted to benefit the medical profession, often at the expense of innocent people who have done nothing more than place trust in those who let them down.