The following page provides general answers to some of the questions relating to medical malpractice that are typically asked by our clients during consults. Please contact our office today if you have additional questions or if you would like to speak with a medical malpractice or birth injury attorney directly. Our legal team represents victims in California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona, and we would be happy to discuss your case with you.
What is medical malpractice?
Medical malpractice occurs when a medical professional is negligent in his or her duty to provide an acceptable standard of care, resulting in injury or the death of the patient. Medical malpractice claims seek to compensate victims and their families for a variety of wrongs, including:
- Hospital negligence
- Misdiagnosis/Failure to diagnose
- Nursing home abuse
- Birth Injury
- VA malpractice
For a medical malpractice claim to be successful, it is essential to prove that the health care provider in question either acted unreasonably under the circumstances or failed to act in accordance with an accepted standard of care. The standard of care is usually defined as what other physicians with similar experience and training would have done in the same situation. If the conduct is deemed unreasonable and it can be proven that it resulted in injury or death, the patient may be entitled to compensation.
How will you decide whether to take my case?
When our medical malpractice attorneys first evaluate a claim, we meet with our potential client and discuss the case during a comprehensive interview. Next we read and analyze our client’s medical records and research the procedures involved in order to determine whether the actions of the medical professionals in question could be construed as negligent. Because it is impossible to evaluate the merits of a claim without consulting medical experts, we then have our client’s records reviewed by a qualified team of physicians or health care providers. As medical malpractice lawsuits are both costly and complex, our firm will perform extensive research before taking on any birth injury or medical negligence case. As a general rule, we pursue claims on behalf of the seriously injured only after we have determined that they have a viable case.It is important to realize that because there is always risk involved with any medical procedure or treatment, an unexpected or undesirable result does not necessarily indicate medical malpractice. If you suspect you have a claim, we recommend that you speak with a medical malpractice or birth injury attorney as soon as possible. We invite residents of Los Angeles, Orange County, and communities across California and Arizona to contact Hodes Milman Liebeck Mosier today to discuss your case with our team.
How much time do I have to bring a medical malpractice claim?
Under California law, it is essential to act immediately to preserve your legal rights. Medical malpractice claims must be brought within three years of the date of injury, or alternatively, within one year of the date the patient discovered (or should have discovered) the injury or negligent act.In a birth injury lawsuit or any lawsuit filed on behalf of a minor, the claim must be brought within three years of the injury. An exception is made if the minor child is less than six years old, in which case the claim may be brought within three years of the injury or by the child’s eighth birthday (whichever time period is longer). Because there is such a small window of opportunity for California or Arizona victims to file a medical malpractice claim, as soon as you suspect you have a claim you should consult a qualified birth injury attorney or medical malpractice attorney. Contact our offices today to discuss your case with our staff.
Will my medical malpractice case go to trial?
In reality, most medical malpractice cases do not go to trial and are resolved through settlement or binding arbitration. In fact, the obligation to submit to binding arbitration is often part of an HMO’s contract with patients. In many cases, patients do not realize they have signed a binding arbitration agreement because it is buried in the initial papers signed upon admission to a hospital or by request of a physician.Please be certain that, whatever the circumstances surrounding your case, our attorneys will do whatever is in your best interest. We have the experience to resolve, through settlement or trial, even the most serious medical malpractice cases.
If I signed a consent form, do I still have a case?
It is commonplace for hospitals to require patients to sign a consent form prior to surgery. The accepted standard of care dictates that your physician should inform you of all the risks involved with your procedure as well as the risks of not receiving treatment. If you can establish that you were not adequately warned of the risks of the procedure, then your consent may be invalid. It is also true that if you can prove the physician performed procedures that went beyond your consent and injury resulted (and the procedures were not “necessary” in the course of treatment), you may recover damages.In essence, consent forms do not release negligent physicians from liability. If your physician was negligent in performing your procedure and injury resulted, you may still be able to recover damages.
What should I do if I feel my physician has been negligent?
Time is of the essence when filing a medical malpractice or birth injury lawsuit in California. Your first step if you feel you have a claim should be to consult a medical malpractice attorney. Because medical malpractice is such a complex area of law, it is worthwhile to make sure you speak with an attorney who has experience handling difficult claims. Each birth injury and medical malpractice attorney at Hodes Milman Liebeck Mosier has the expertise and support system in place to help successfully resolve claims for victims in California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona. If you feel your physician has been negligent, contact us today to discuss the details of your case.
Contact Hodes Milman Liebeck Mosier Today
If you or someone you love has been injured by the negligence of a physician or health care provider, you may be eligible for compensation. Contact Hodes Milman Liebeck Mosier today to discuss your birth injury or medical malpractice claim with an attorney from our firm. We welcome clients from California, including Los Angeles, Orange, San Bernardino and Riverside counties as well as throughout Arizona.