Best Medical Malpractice Lawyers in California
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 you’ve 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.
What constitutes medical malpractice in California?
Medical Malpractice is a legal claim against a health care provider such as a hospital or individual Doctor or Nurse, alleging that the patient suffered an injury or disability because the healthcare provider was professionally negligent, or provided care which was below the community standard.
Medical malpractice is a serious issue that can have devastating consequences for patients. In California, medical malpractice occurs when a healthcare professional deviates from the standard of care, leading to patient harm. Understanding what constitutes medical malpractice in this state involves knowing the legal standards and the process of proving such cases.
Patients who believe they have been victims of malpractice must act within the legal timeframes and follow specific procedures to seek compensation with the support of a specialized Medical Malpractice attorney.
What Are the Most Common Medical Malpractice Claims?
- Negligence in providing care or attending to the patient sufficiently (this can include carelessness or mistakes during surgical procedures)
- Misdiagnosis or failure to diagnose
- Prescribes the wrong medication or wrong dosage
- Failure to warn the patient about the risks and possible complications of proposed treatment or lack of treatment
- Mismanagement of a medical condition, such as failing to recommend the most suitable treatments
Some examples of medical malpractice claims that we deal with include cases of catastrophic injury such as wrongful death or brain injuries caused by the following:
- Failing to timely diagnose a patient’s stroke or heart attack
- Excessive bleeding during a procedure that results in decreased oxygenation
- Failing to properly intubate a patient during surgery
- Surgical errors such as injuring a nerve during surgery, making an incision at the wrong location, operating on the wrong body part or leaving surgical instruments inside a patient
Another common reason for negligence claims are birth injuries which include:
- Improper use of vacuum or forceps during birth
- Negligently failing to control excessive maternal blood loss post-delivery
- Negligently failing to monitor the baby’s oxygen intake pre-and-post-delivery
We can also help you with elder abuse cases made up of emotional, physical or psychological abuse and neglect
Stalwart Law also represent clients in the following other types of medical malpractice claims:
| Providing the wrong treatment | Inadequate staffing, training, or supervision of staff |
|---|---|
| Failure to monitor patients for developing problems | Persons performing functions beyond or outside of their training or privilege |
| Performing unnecessary surgery | Failure to refer a patient to a specialist |
| Delayed delivery | Intentional or reckless wrongdoing |
| Anesthesia negligence | Kickback or other financial schemes resulting in patient harm |
| Nursing negligence | Failure to provide necessary and timely treatment |
How long does the average medical negligence claim take?
In California, the law states that most medical malpractice lawsuits must be filed within one year of the patient discovering the injury or within three years of the date that injury occurred—whichever 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.
What is the process for starting a claim?
California requires that any doctor or other health care provider you’re planning to file a lawsuit against must be notified of your intention to file the case 90 days before the lawsuit is filed.
No particular form or format must be used when providing this notice, but the defendant must be informed of:
- the legal basis of the claim
- the type of loss sustained, and
- the nature of the injuries suffered.
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.
How do I prove medical malpractice in California?
How do I prove medical malpractice in California?
The four required legal elements of a medical malpractice claim are as follows:
- A valid doctor-patient relationship existed;
- A medical professional violated the standard of care;
- The violation of that standard resulted in harm to the patient; and.
- The patient suffered real, compensable damages.
You will need to provide as much tangible evidence as possible including hospital reports, witness statements, photographs, test results, interview outcomes and more. Our highly trained legal team will work with you to compile and organize all the required documents
How our team of Medical Malpractice attorneys can help you
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 because 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.
Schedule a free consultation with our team of medical malpractice attorneys and lawyers
Our Location
How to get to our office
To get to our office from downtown Los Angeles we recommend the following methods.
Subway -The journey time between downtown Los Angeles and Hollywood is roughly 18 min. It’s operated by Metro Los Angeles, the Los Angeles to Hollywood subway service departs from Civic Center / Grand Park Station and arrives in Hollywood / Vine Station. Normally 524 subways run weekly.
Taxi -The journey time between downtown Los Angeles and Hollywood is roughly 8 min, depending on traffic, and depending on pickup location, is roughly 6.5 miles. Some of the taxi companies in the area are United Taxi, LA City Cab and Rosie Taxi Cab.
Bus -The journey time between downtown Los Angeles and Hollywood is roughly 30 min. It’s operated by Metro Los Angeles, the Los Angeles to Hollywood service departs from Broadway / 1st and arrives in Santa Monica / Bronson. Normally the bus runs run daily.
Car – Driving time from downtown Los Angeles to Hollywood is roughly 10 minutes depending on traffic. On average, parking lots and garages charge $1.00 per hour and $6.00 per day. On street parking costs $1.00 per hour.