Medical Malpractice Lawyers
Los Angeles, California
Medical Malpractice
If you or your family member suffered any type of injury or health complication as the result of medical negligence, you may be eligible to recover compensation through a medical malpractice claim.
When youโve suffered a misdiagnosis or been the victim of medical malpractice, it can have a devastating effect on the lives of you and those closest to you. Loss of income, reduced quality of life and decreased independence and dignity are just some of the unfortunate consequences of medical negligence and can entitle you to sue your doctor or hospital.
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Stalwart consistently delivers groundbreaking verdicts and settlements.
Over the past two years we have achieved $175 million in medical malpractice verdicts and settlements. However, our true success lies not just in the numbers, but in the financial relief and justice we secured for our clients.
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Unwavering commitment to justice for our clients.
Our lawyers have secured the largest medical malpractice settlement and verdict in California history. No matter the case, we fight with an unwavering commitment to justice for our clients.
Catastrophic Injuryโ
Birth Injury
Brain Injury
Wrongful Death
Spinal Cord Injury
Surgical Errors
What constitutes medical malpractice in California?
Medical Malpractice is a legal claim against a healthcare provider such as a hospital or an individual doctor or nurse, alleging that the patient suffered an injury or disability because the healthcare provider was professionally negligent, or provided care that was below the community standard. In short, medical malpractice occurs when a professionalโs actions or inactions cause harm to a patient.
Medical Malpractice vs Negligence
The Four Elements of Negligence
In California, an action is considered negligent if it meets the following criteria:
- Duty of Care: The defendant had a legal obligation to act in a way that would prevent harm to the plaintiff, such as in a doctor-patient relationship.
- Breach of Duty: The defendant failed to fulfill this obligation, by action or omission.
- Causation: There is evidence (proof) that the defendantโs breach of duty directly caused harm to the patient.
- Damages: The plaintiff suffered actual harm or losses, such as pain and suffering from an injury, medical bills, and loss of income during recovery.
This standard for establishing negligence in California mirrors that of many other states. Our medical malpractice lawyers win cases compensation for victims by proving these 4 elements.
the 4 Cโs of Medical Malpractice Prevention
- Compassion: Treating a patient as a fellow human being worthy of compassion and understanding, not an object of medical care.
- Communication: Doctors must demonstrate active listening, ask questions, and share meaningful information so that the patient is treated with the utmost honesty and attention.
- Competence: Providing the highest level of care possible, and continuing to grow as an expert in oneโs field to do so. Sometimes, this means recognizing when oneโs knowledge falls short, and referring a patient to a more competent specialist.
- Charting: Doctors must keep a thorough record of all interactions, diagnoses, treatments, and responses. This is especially important in medical malpractice cases, as the burden of proof lies with the victim.
Common Examples of Medical Malpractice
Medical malpractice takes many forms, but some types are far more common than others.
Regardless of the specific cause, mistakes arising from negligence and substandard care can result in devastating consequences, from wrongful death to lifelong injury. Knowing the most frequent medical malpractice claims can help you determine if you or a family member has the grounds to file a lawsuit.
Misdiagnosis or Delayed Diagnosis
Sometimes doctors fail to recognize key symptoms in a patient, identifying their condition incorrectly or delaying a proper diagnosis. This most commonly occurs in cases of cancer, heart disease, and infections. Misdiagnoses can lead to improper treatment and worsening illness, seriously damaging a patientโs health.
Misdiagnosis claims can involve:
- Missed diagnosis – Failure to diagnose
- Misinterpreting test results
- Failure to refer a patient to a specialist
- Failure to perform necessary tests
- Providing unnecessary treatment, or no treatment at all
Surgical Errors
Many medical malpractice claims involve injuries caused by mistakes or miscommunication in the operating room. Anyone in the surgical team may be held accountable for medical negligence, including doctors, nurses, anesthesiologists, and technicians. Malpractice claims based on surgical errors may include:
- Operating on the wrong body part
- Inflicting nerve damage
- Leaving surgical equipment inside a patient, also called โretained surgical itemsโ
- Excessive bleeding during surgery, which can result in decreased oxygenation (hypoxia)
- Anesthesia errors
- Failing to warn a patient about the risks of a procedure (informed consent)
Medication Errors
Medication errors involve negligence while prescribing, administering, or dispensing medications, leading to severe side effects or ineffective treatment. The consequences of medication errors may be as trivial as a slight allergic reaction, or as severe as organ damage or death.
Common medication errors include:
- Prescribing unsafe or incorrect medication
- Administering the wrong dosage
- Failure to monitor a patientโs reactions to a medication
- Failure to identify drug interactions
Failure to Treat
As the name suggests, failure to treat is a type of medical malpractice that occurs when a doctor fails or neglects to provide treatment, thus negatively affecting the patientโs health. Failure to treat is sometimes related to misdiagnoses, but doctors can neglect to treat a patient even after a proper diagnosis. This can cause preventable harm, resulting in a medical malpractice claim.
Failure to treat can take the following forms:
- Prematurely discharging a patient from the hospital
- Failure to order necessary tests
- Neglecting to provide follow-up care or share a patientโs test results
Birth Injuries
Birth injuries can result from negligence during pregnancy, labor, or delivery. These injuries can harm the mother and lead to life-long complications for the child. Some common forms of negligence that result in birth injuries include:
- Improper use of forceps or vacuum extraction during childbirth
- Failing to monitor for fetal distress
- Failing to perform a timely C-section
- Failing to identify risks during pregnancy
How do I prove medical malpractice in California?
To prove medical malpractice, you must establish the 4 elements of negligence. Demonstrating these key elements is the basis of your case, and once you prove them, you become eligible for different types of compensation.
1. Duty of Care
A healthcare provider had a duty to prevent harm, such as in the doctor-patient relationship.
2. Breach of Duty
The medical professional violated the standard of care by acting negligently or without reasonable caution.
3. Causation
The violation of that standard resulted in harm to the patient.
4. Damages
The patient suffered real, compensable damages.
What is the process for starting a claim?
1. Gather Relevant Documents
2. Schedule a Consultation with a Medical Malpractice Lawyer
3. Beginning the Legal Process
How our Medical Malpractice attorneys can help you
When our medical malpractice lawyers take on your case, they take the following actions to win compensation for you and your family.
1. Gather Evidence
Our lawyers begin by gathering all of the evidence needed to prove negligence. This includes medical records, documents, witness statements, photos and videos, and your testimony.
2. Recruit Expert Support
Expert witnesses can make all the difference in winning or losing a medical malpractice claim. Our lawyers recruit experts specific to your case to testify in your favor.
3. Negotiations
Our medical malpractice lawyers are experts at negotiating with insurance companies and defense counsel. Once the initial claim is filed, your lawyer will demand fair compensation for you and your family.
4. Go to Trial
If insurers do not agree on a fair settlement, your lawyer(s) will take the case to trial. Stalwart will build a strong team of legal support and medical expert witnesses, who will fight for your compensation in court.
Medical malpractice claims can be some of the most challenging to pursue and win. To be successful, you need the best medical malpractice lawyers in California on your side. Contact us today to start your claim.
Dr. Steven Heimberg was voted the #1 Medical Malpractice lawyer in the US for 6 years. He earned this award by consistently securing some of the largest Medical Malpractice settlements and verdicts in Californian history.
He was also recently awarded the title of Elite Trial Lawyers by The National Law Journal, effectively naming him the best medical malpractice lawyer in the nation. He earned this distinction becauseย he secured some of the largest verdicts and settlements in California for our clients.
Dr. Heimberg and our whole team is by your side every step of the way to help you win your medical malpractice claim and receive the compensation you deserve.
Frequently Asked Questions
In California, the law states that most medical malpractice lawsuits must be filedย within one year of the patient discovering the injury or within three years of the date that injury occurredโwhichever comes first. This can vary however based on the type of medical provider. A rough estimate for the average negligence claim in California to be resolved is 2 to 3 years. Cases can take longer or shorter depending on the nature of the claim and damages involved.
A medical malpractice payout should cover various situations where negligence has led to harm. This includes misdiagnosis or delayed diagnosis, where a failure to identify a condition in a timely manner results in prolonged suffering or worsened health outcomes. It should also account for failure to treat cases, in which a healthcare provider neglects to administer appropriate care. Surgical malpractice, involving errors during procedures, and birth injuries caused by medical mistakes during childbirth are also critical factors. Additionally, compensation should extend to incidents involving defective medical devices, ensuring that patients harmed by faulty equipment receive the financial support they need. Ultimately, a comprehensive medical malpractice payout should address all these aspects, providing relief and justice to those impacted by medical negligence. Learn more here: What Should a Medical Malpractice Payout Cover
Read our in-depth article on the warning signs of Medical Malpractice to understand if you may be a victim.
Medical malpractice insurance covers healthcare providers in cases of negligence that result in patient harm. Understanding how this insurance functions, its role in settlements, and its impact on medical malpractice lawsuits is crucial for anyone dealing with the legal and financial consequences of a medical error. You can learn more in our article here:Understanding Medical Malpractice Insurance and Settlements in California
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