One of the Most Challanging Areas of Personal Injury Law
I’ve written about medical malpractice law on the Orange County Medical Malpractice Attorney page of this website. As an attorney who’s tried many malpractice lawsuits I can speak from experience when I say these are some of the most complicated cases I’ve come across. I can see the exasperation on the faces of my clients who have suffered an injury while under the care of medical professionals; they are seeking resolution to injuries, pain and/or suffering that should not have occurred were it not for a mistake or omission that happened during their medical treatment. Once I hear their stories I must explain to them the realities of medical malpractice lawsuits so that they understand exactly where they stand as far as bringing such cases to trial. If you feel you have suffered due to some sort of malpractice, I would say the same to you:
Orange County medical malpractice is a challenging area
First, time is of the essence in these cases due to the fact that there is a statute of limitations in malpractice cases. Once the statute of limitations has expired a case can no longer be filed. If you were injured some time ago but too much time has passed, you may no longer have a case. That’s why it’s wise to contact a medical malpractice lawyer as soon as possible. This is one area that you have control over. In Orange County we’re under the laws of the State of California. The statutes of limitations in other states may be different.
Second, the injury must be attributable to negligence. As I stated on the above-referenced page, the injury must have occurred “When a medical professional…through actions or omissions or negligently causes some sort of injury to a patient.” There are specific criteria that must be met for a malpractice lawsuit to proceed. If these aren’t met, there may be no case.
Third—and by no means last—one of those criteria is that significant damages were the result of the injury. It’s not to denigrate any injuries suffered by a patient under a medical professional’s care, however, because of the complex nature of a medical malpractice claim the amount of damages suffered really does have to be significant. Why? To simplify things it is because in malpractice cases we (the medical malpractice attorneys) need to prove negligence. To do so we need our own team of expert medical witnesses to testify to any improprieties, negligence or omissions on the part of the medical professionals who treated the patient based on the “standard of care” that all patients are expected to receive. Because we need to involve professionals for their expertise in the area of medicine the costs to prove a case in court can be substantial. That’s another reason the damages should be significant. Going to court for lesser damages means we may spend more to prove the case than we could expect to receive in compensation.
Medical Malpractice Attorneys Will Guide You
These are all considerations a veteran medical malpractice lawyer will understand. It’s always a good idea to consult with a lawyer like myself to determine if your case is viable. As I mentioned, there are time limits so whether a case is viable or not, talking with an attorney as soon as possible is important. If you are one of those who may have been subject to an instance of malpractice and you live in Orange County, please contact my offices in Tustin and my staff and I can determine the merits of your case. We are here to help. Call us today at 714-544-1460.