Medical malpractice occurs when healthcare professionals, such as doctors, nurses, or hospitals, fail to provide the standard of care expected in the medical field, leading to patient harm. These errors can result in severe injury, long-term disability, or even death. If you or a loved one has been a victim of medical negligence, an experienced medical malpractice lawyer can help you navigate the complex legal process and seek the compensation you deserve.

At Knapp Moss, we understand the devastating impact that medical malpractice can have on victims and their families. Our team of skilled attorneys is dedicated to helping victims of medical negligence hold healthcare providers accountable and secure the financial recovery needed to rebuild their lives.

Understanding Medical Malpractice

Medical malpractice is a legal cause of action that arises when a healthcare provider deviates from the accepted standard of professional care, resulting in injury or death. In California, patients who are harmed by medical negligence have the right to seek compensation through a medical malpractice lawsuit. However, these cases are often complicated, requiring a deep understanding of both medical and legal issues. Here are some key factors to consider:

• Standard of Care: In medical malpractice cases, the plaintiff must prove that the healthcare provider failed to meet the standard of care expected of a reasonably skilled professional in the same field. This standard can vary depending on the type of medical treatment and the specific circumstances of the case.
• Proving Negligence: It is not enough to show that a medical professional made a mistake. The plaintiff must prove that the error directly caused harm. This requires medical records, expert testimony, and a thorough understanding of medical protocols.
• Statute of Limitations: In California, medical malpractice claims must be filed within a specific time frame. Generally, the lawsuit must be filed within one year of discovering the injury or within three years of the date of the injury, whichever comes first. However, there are exceptions, such as cases involving minors or instances where fraud or concealment delayed the discovery of the malpractice. 

Common Types of Medical Malpractice

Medical malpractice can take many forms, depending on the type of treatment and the specific circumstances surrounding the case. Some of the most common types of medical malpractice include:

• Misdiagnosis or Delayed Diagnosis: One of the most frequent causes of medical malpractice claims is the failure to diagnose a medical condition correctly or in a timely manner. A misdiagnosis or delay in diagnosis can prevent patients from receiving the necessary treatment, leading to worsened conditions or even death.
• Surgical Errors: Mistakes during surgery can have devastating consequences. Surgical errors can include operating on the wrong body part, leaving surgical instruments inside the patient, or causing damage to internal organs. These errors often lead to additional surgeries, infections, and long-term health complications.
• Medication Errors: Prescribing the wrong medication, administering the wrong dosage, or failing to check for dangerous drug interactions can result in serious injury or death. Medication errors can occur at any point in the process, from prescription to administration.
• Birth Injuries: Negligence during prenatal care, labor, or delivery can cause severe and lifelong injuries to both the mother and the baby. Common birth injuries resulting from medical malpractice include cerebral palsy, brain damage, and nerve injuries caused by improper use of delivery instruments.
• Anesthesia Errors: Anesthesia is a critical component of many medical procedures, and errors in its administration can be fatal. Common anesthesia errors include administering too much or too little anesthesia, failing to monitor the patient’s vital signs, or neglecting to account for patient allergies or conditions.
• Failure to Treat: Even after a correct diagnosis, a healthcare provider may fail to administer the appropriate treatment. This can occur when doctors are negligent in following up with patients, do not provide necessary instructions for care, or fail to refer patients to specialists when required.

Common Injuries Resulting from Medical Malpractice

Medical malpractice can cause a wide range of injuries, from minor complications to life-altering disabilities. Some of the most common injuries resulting from medical negligence include:

• Brain Damage: Medical errors that result in a lack of oxygen to the brain, such as during surgery or labor, can cause permanent brain damage. Victims may experience cognitive impairment, memory loss, or severe physical disabilities.
• Paralysis: Surgical mistakes or errors in treatment can lead to spinal cord damage, resulting in partial or complete paralysis. Paralysis can significantly impact the victim’s ability to work and lead a normal life.
• Infections: Negligent medical care, especially during surgeries or hospital stays, can lead to severe infections. If untreated or improperly treated, these infections can result in sepsis, organ failure, or death.
• Organ Damage: Surgical errors or misdiagnosis can lead to damage or failure of vital organs, such as the heart, lungs, liver, or kidneys. These injuries often require long-term medical treatment and may lead to organ transplants or permanent disability.
• Wrongful Death: In the most tragic cases, medical malpractice can result in the death of a patient. Families of the deceased may pursue a wrongful death claim to seek compensation for funeral expenses, loss of financial support, and loss of companionship.

How a Medical Malpractice Lawyer Can Help You

Medical malpractice cases are notoriously complex, requiring expert knowledge of both medical and legal matters. An experienced medical malpractice lawyer can provide invaluable assistance throughout the legal process, helping victims and their families seek justice. Here’s how a skilled attorney can help:

• Investigating the Case: A thorough investigation is essential to building a strong medical malpractice case. Your attorney will obtain medical records, consult with medical experts, and review the healthcare provider’s actions to determine whether negligence occurred.
• Proving Negligence: Medical malpractice claims require a high burden of proof. Your attorney will work with expert witnesses to demonstrate that the healthcare provider deviated from the standard of care and that this deviation directly caused your injuries.
• Calculating Damages: Victims of medical malpractice may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Your lawyer will accurately calculate your economic and non-economic damages to ensure that you receive fair compensation.
• Negotiating with Insurance Companies: Insurance companies often try to minimize payouts in medical malpractice cases. Your attorney will handle all negotiations with insurers to ensure that you are not pressured into accepting a low settlement offer.
• Filing a Lawsuit: If negotiations fail to result in a fair settlement, your attorney will be prepared to file a lawsuit and represent you in court. With experience in both settlement negotiations and litigation, your lawyer will advocate for your best interests at every stage.

Compensation Available in Medical Malpractice Cases

Victims of medical malpractice are often entitled to several types of compensation, depending on the severity of their injuries and the impact on their lives.  These may include:

• Medical Expenses: This includes compensation for past and future medical bills related to the malpractice, such as surgeries, rehabilitation, and long-term care.
• Lost Wages: If your injuries prevent you from working, you can seek compensation for lost income. In cases of permanent disability, compensation for loss of future earning capacity may also be available.
• Pain and Suffering: Medical malpractice can cause significant physical pain and emotional distress. Compensation for pain and suffering is intended to account for the non-economic impact of your injuries.
• Punitive Damages: In cases where the healthcare provider’s actions were particularly reckless or egregious, the court may award punitive damages as a way to punish the wrongdoer and deter similar conduct in the future.
• Wrongful Death: If a loved one has died due to medical negligence, surviving family members may pursue a wrongful death claim. This can cover funeral expenses, loss of financial support, and loss of companionship.

What to Do If You Suspect Medical Malpractice

If you believe that you or a loved one has been the victim of medical malpractice, it’s important to act quickly. Here’s what you should do:

1. Seek a Second Medical Opinion: If you suspect that medical malpractice has occurred, it’s crucial to seek a second opinion from another healthcare provider to assess your condition and ensure proper treatment.
2. Obtain Medical Records: Your medical records will be essential evidence in your case. Request copies of all relevant medical records, including diagnosis, treatment, and follow-up care.
3. Consult a Medical Malpractice Lawyer: An experienced attorney can review your case, explain your legal options, and begin investigating the incident. The sooner you consult a lawyer, the better your chances of building a strong case.

MICRA

Since 1975, the Medical Injury Compensation Reform Act of 1975 (MICRA) has put an artificial cap on damages in cases involving medical malpractice. 

Under the Assembly Bill 35, the current MICRA caps are as listed below:

1. For a non-death case, the cap increased from $250,000 to $350,000 on January 1, 2023, and increases $40,000 every year through 2033 until it reaches $750,000.
2. For a wrongful death case, the cap increased from $250,000 to $500,000 on January 1, 2023, and increases $50,000 every year through 2033 until it reaches $1,000,000.
3. After the caps reach $750,000/$1,000,000 in 2033, they will increase by 2% on January 1, 2034, and by an additional 2% every year thereafter.
4. MICRA limits a plaintiff’s recovery for noneconomic damages to $250,000, regardless of the number of defendants. AB 35 creates three separate categories of defendants for a total of three possible caps: One cap for health care providers (regardless of the number of providers or causes of action); one cap for health care institutions (regardless of the number of institutions or causes of action); and one cap for an unaffiliated health care provider or health care institution.
5. Periodic payments can be utilized for future economic damages starting at $250,000 (under MICRA, that started at $50,000).
6. The cap on plaintiffs’ attorneys contingency fees goes to 25% if the action is settled prior to the filing of an action and 33% if the recovery occurs thereafter.
7. The bill provides for evidentiary protections for providers who make statements about fault prior to litigation.  

Why Choose Knapp Moss?

At Knapp Moss, we have extensive experience representing victims of medical malpractice in California. Our team is committed to providing compassionate, client-focused legal representation and fighting for the compensation you deserve. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Conclusion

If you or a loved one has been injured due to medical negligence, you need an experienced medical malpractice lawyer on your side. At Knapp Moss, we will fight for justice and ensure that you receive the compensation you need to recover from your injuries. Contact us today for a free consultation.