If you visit a doctor in Downey, CA, you expect the best care possible. However, there can be times when a doctor does not act in their patient’s best interests. If you are the victim of medical malpractice, you can hire a Downey personal injury lawyer to help you hold any at-fault parties accountable.
At Simmrin Law Group, we do not tolerate negligence from any healthcare provider in California. If a healthcare provider does not provide you with the care you deserve, please let us know. Our Downey medical malpractice lawyer can take a look at your case and help you decide if now is the right time to file a personal injury lawsuit.
How Medical Malpractice Is Defined in California
The concept of medical malpractice does not apply to anyone who simply does not like what their doctor has to say. Rather, a healthcare professional can be found guilty of being negligent if they knowingly do not provide their patient with an appropriate treatment or hurt their patient. Because, in these circumstances, the healthcare provider can hurt or kill the patient.
Three factors must be present for an individual to file a medical malpractice claim:
- A healthcare provider did not meet a designated standard of care. If a healthcare professional does not provide care to a standard that their patient expects, this professional can be considered negligent.
- A patient suffers harm due to their healthcare provider’s breach of a standard of care. If a patient is injured because a healthcare professional did not follow a standard of care, they can sue for damages.
- The patient’s injury has consequences. In a lawsuit, the plaintiff must be able to show that their injury resulted in economic and non-economic losses.
Simmrin Law Group gives every personal injury case the attention it deserves. If you feel you have a valid claim against a healthcare provider, please get in touch with us. Our Downey medical malpractice attorney can help you file your lawsuit and ask for a reasonable amount of compensation.
For a free legal consultation with a medical malpractice lawyer serving Downey, call (310) 896-2723
How Much Money You Can Receive in a Medical Malpractice Lawsuit
There are two types of damages that you can pursue in a personal injury lawsuit: economic and non-economic. Economic damages are awarded based on medical bills, lost wages, and other quantifiable harm that you incur. Non-economic damages are given out depending on pain, suffering, and other losses that are subjective.
A medical malpractice lawyer in Downey will encourage their clients to ask for both types of damages. In a personal injury lawsuit against a medical provider, you can request any amount of economic damages. With non-economic damages, there is a cap of $250,000 that can be awarded.
The amount of money that you ask for in a lawsuit against a healthcare provider varies based on your injury. For example, if you suffer a brain injury as a result of a medical provider’s negligence, you may ask for hundreds of thousands of dollars in compensation. To help you secure this amount, your lawyer works diligently to advocate for you and prove you deserve the maximum amount of damages.
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How Long You Have to File a Medical Malpractice Lawsuit
California law states that a person has up to one year from the date they discover an injury or three years from the date their injury occurred to sue on the grounds of medical malpractice. If a negligent healthcare provider injures you, do not wait to file your claim. Otherwise, if you wait more than three years, you cannot sue for damages.
A medical malpractice attorney in Downey can answer clients’ frequently asked questions about California’s statute of limitations and other legal topics. If you are ready to submit a claim, your attorney will help you file your lawsuit. Next, they will work with you to gather and evaluate evidence and build a compelling argument.
Your attorney can review the doctor-patient relationship you had with a healthcare provider and other factors relating to your case. This allows your lawyer to develop an argument that resonates with a judge or jury. As your attorney crafts your argument, they will work with you to ensure that it lines up with your best interests, too.
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How Much Time It Takes to Resolve a Medical Malpractice Claim
Months or years can pass without a resolution in a personal injury case. Regardless, a medical malpractice lawyer continues to explore opportunities to resolve their client’s case. If the defendant in your lawsuit presents a settlement, your lawyer will notify you, and you will have the opportunity to accept, reject, or counter the offer.
Your attorney can provide an unbiased view of a settlement proposal. If a settlement is far less than what you can get if you go to trial, your lawyer will let you know. Even if you disagree with your attorney, you have the final say on what to do with a settlement offer.
With a structured settlement or any other type of settlement, you should weigh the pros and cons carefully. Only if you feel 100% comfortable with a settlement should you approve the offer. If you are unhappy with a proposal to settle your case, you can reject it and continue to pursue the most compensation you can get.
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How to Choose a Medical Malpractice Lawyer
A personal injury lawyer may represent clients in car accidents and many other types of cases. Yet, not every personal injury attorney helps clients who have been harmed by medical providers. Thus, you need to find a lawyer with medical malpractice case experience since this lawyer can help you navigate any legal challenges that come your way.
You can schedule a date and time to discuss your case with a medical malpractice attorney. The meeting represents a learning opportunity for both you and your lawyer. You can share details about your case, and your attorney can describe how they can help you secure compensation.
If you feel confident in a lawyer, hire them. Then, your attorney will make sure that your legal rights are protected throughout your litigation. Most importantly, they will help you hold a negligent healthcare provider responsible for their actions.
Get Started with a Medical Malpractice Lawsuit
Simmrin Law Group has plenty of experience with lawsuits against healthcare providers. Our Downey medical malpractice lawyer can help you build a body of evidence that leads a judge or jury to award you full damages. For more information or to request a free case evaluation, please contact us today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form