Fullerton Medical Malpractice Lawyer

When a healthcare provider neglects the well-being of a patient, this breach of trust can be devastating. Medical malpractice can take many forms, including misdiagnosis, wrongful death of a loved one, mismanagement of medication, and birth injuries. Unfortunately, the list does not stop there, and the damages are not always physical.

If you suffered an injury or worsened health due to the negligence of care providers in California, you may need the help of an attorney with more than just courtroom experience. Qualified medical malpractice attorneys have a complete understanding of the complex California medical malpractice laws that often seem to be designed to protect the very doctors and hospitals that have caused harm.

During this scary and confusing time, an experienced Fullerton medical malpractice lawyer could obtain and analyze your medical records, deal with insurance companies, and handle the attorneys of healthcare providers.

Who is Liable in a Medical Malpractice Case?

A medical malpractice attorney in Fullerton could help anyone suffering from neglect, abuse, or mistakes made by:

  • Doctors
  • Nurses
  • Clinics
  • Hospitals, including VA Hospitals
  • Faulty medical equipment
  • HMOs
  • Nursing homes

Comparative Negligence in Fullerton Medical Malpractice Cases

Since California is a pure comparative negligence state, a court in Fullerton may deem all parties involved in a medical malpractice claim—including the injured plaintiff—to be partially responsible.

This means that all healthcare providers and professionals involved in an instance of malpractice can be sued for the percentage of damages found to be correlated directly to their degree of neglect. However, this also means that the plaintiff could have any damage award they receive reduced by the degree to which they are determined to be responsible for causing or worsening their condition themselves.

A Fullerton medical malpractice lawyer could help to secure the expert medical testimony that may be required to affirm that a healthcare provider did indeed neglect their duties and that their client did not contribute to the causation or worsening of any resulting injuries.

Non-Economic Damages

California also has some of the most restrictive laws in the United States when it comes to collecting damages. Non-economic damages are injuries and losses that are not directly related to financial loss, and the state of California limits awards for injuries that fall into this category to a maximum of $250,000, pursuant to California Civil Code §3333.2.

However, experienced malpractice attorneys know that non-economic damages can be traumatic and life-altering, and that chronic physical pain, permanent disabilities, disfigurement, and emotional trauma often cannot be quantified. A Fullerton medical malpractice lawyer could fight for the compensation the plaintiff in a medical malpractice case needs.

What Are the Medical Malpractice Statute of Limitations?

In California, a claim against a healthcare provider for professional negligence must be made within one year after the discovery of injury, according to California Code of Civil Procedure §340.5.

For minors and other extenuating circumstances, a claim can be filed up to three years after the malpractice occurs. This means it is not only important to seek the advice of an attorney as quickly as possible, but a medical malpractice lawyer can provide different filing options based on a plaintiff’s personal circumstances.

Speaking With a Fullerton Medical Malpractice Attorney

If you are suffering due to the negligence of a healthcare provider in California, contact us immediately to get the advice you need from an experienced malpractice lawyer. A lawyer could guide you through this difficult time with the medical and legal knowledge necessary to help you fight for the justice you deserve.

Protect your family and protect your rights by consulting a Fullerton medical malpractice lawyer. Take the first step toward a brighter tomorrow by calling an attorney today.