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Medical Malpractice cases are particularly challenging due to nature of filing a lawsuit against doctors and medical treaters. Taking on a medical malpractice case requires an experienced lawyer
Medical malpractice claims require a high burden of proof. Your attorney will work with expert witnesses to demonstrate that the healthcare provider deviated
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
A thorough investigation is essential to building a strong medical malpractice case. Your attorney will medical records, consult with medical experts.
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.
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
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
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
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
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.
This includes compensation for past and future medical bills related the malpractice, such as surgeries,, and long-term care.
If your injuries prevent you from working, you can seek compensation for lost income. In cases of permanent disability
Medical malpractice can cause significant physical pain and emotional distress. Compensation for pain and suffering is intended to account
If a loved one has died due to medical negligence, surviving family members may pursue a wrongful death claim.
Experiencing harm from medical negligence can be stressful. Taking the right actions early can protect your health and legal rights.
Get evaluated by another qualified healthcare provider to confirm your diagnosis and treatment plan, and ensure proper care.
Request copies of all relevant records, including tests, treatments, and doctor’s notes, as these documents are key evidence in your case.
Keep a detailed record of your symptoms, treatments, and how the injury affects your daily life and work.
Contact an experienced attorney promptly to review your case, explain your legal options, and start building your claim.
Save any medication labels, bills, correspondence with healthcare providers, and notes from all medical appointments related to your injury.
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:
– 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.
– 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.
– 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.
– 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.
– Periodic payments can be utilized for future economic damages starting at $250,000 (under MICRA, that started at $50,000).
– 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.
– The bill provides for evidentiary protections for providers who make statements about fault prior to litigation.
The time limit varies by state but is usually between one to three years from the date of the injury. It’s important to file as soon as possible to avoid missing deadlines.
Compensation may include medical expenses, lost wages, pain and suffering, disability benefits, and other related costs depending on the specifics of your case.
Knapp Moss works exclusively on a contingency fee basis, meaning you pay nothing upfront and the firm takes a percentage of any settlement or award. We don’t make any money until we win your case and get you paid.
Case duration varies depending on complexity, insurance negotiations, and court schedules. Some cases settle within months, while others may take years.
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