Southern
California Medical Malpractice Lawyer

In our society, we look to our medical professionals as a team of people we can trust. Unfortunately, sometimes, a medical professional operates in error, and a patient suffers harm or injury. When this happens, a experienced Southern California medical malpractice lawyer can help you get the compensation you deserve for their negligence.

Why Choose Us?

At Kampf, Schiavone & Associates, we take each case seriously and we advocate for our clients with compassion and care. We know how difficult it can be to deal with the aftermath of medical malpractice, as well as how overwhelming it can be to try to navigate the legal terrain of filing a medical malpractice claim.

Our attorneys can help you understand your options to ensure that justice is served and you get the compensation you are entitled to. Our seasoned legal team can handle all the complex details in your case so you can focus on recovery.

What Is Medical Malpractice?

When someone is sick or hurt, they trust that the medical staff will help. Unfortunately, some patients are worse off after treatment than they were before because their doctors made a mistake. When doctors or nurses fail to give their patients proper care (called the “standard of care”) and harm them, such as by causing a birth injury, giving a wrong diagnosis, or making a surgical mistake, this is considered medical malpractice.

When a healthcare professional does not provide the level of care that a responsible, similarly skilled, and educated provider would give in the same situation, it is medical negligence. Medical malpractice victims have to file suit within a certain time frame to preserve their right to seek compensation for their injuries. This is why it’s essential to consult with an experienced attorney to ensure your case is filed correctly and within the legal limits.

For example, failing to diagnose a dangerous condition, failing to properly inform a patient of the serious risks of certain treatments, and making unacceptable mistakes during surgery and other procedures are all examples of negligence that is considered medical malpractice.

Examples of Medical Malpractice

Medical malpractice can have many different forms. Some examples of medical malpractice include:

• Errors in surgery. Surgical errors can be leaving objects inside the patient after surgery or operating on the wrong body part.
• Mistakes with medication. This can include giving a client the wrong medication, giving them medication that they are allergic to, or giving the patient the wrong dosage.
• Injuries during birth. This includes injuries to the mother and/or the baby, which can be caused by improper interference or failure to respond to distress signals in the mother or the baby.
• Improper diagnosis. This form of malpractice can be either misdiagnosing or delaying treatment. For instance, if a patient has cancer and the doctor unnecessarily delays treatment, allowing the cancer to spread.
• Problems with anesthesia. This can include giving too much or too little anesthesia, or failure to monitor the patient while anesthetized.
• Failing to acquire consent. Failing to receive consent before performing any tasks refers to not only not receiving a patient’s consent but also failing to properly inform the patient of the procedures, risks, and any other information they need to know before making an informed decision.

Liability in Medical Malpractice Cases

In some cases of medical malpractice, the offender may say that you are partly to blame for your injuries. An example of this would be if the healthcare provider claims that you did not follow the instructions they gave you following treatment, such as taking your medication at designated times. If your case goes to court and you are found partly responsible, your damage award may be lowered or even canceled. When handling your child’s medical malpractice case, it’s crucial to work with an experienced attorney who can help demonstrate the provider’s negligence and protect your child’s best interests throughout the legal process. They can also assist in gathering necessary evidence and building a strong case to challenge any claims of partial fault.

A rule called “pure comparative negligence” is used in California. In other words, if you are found to have been negligent in some way, leading to your accident, illness, or medical condition, you will get less money in damages. For example, if you were given $100,000 in damages but were later found to be 20% at fault, you would only receive $80,000. A skilled medical malpractice attorney can help you with your case, even if you were partly at fault for your injuries.

FAQs

What Is the Average Settlement for a Medical Malpractice Lawsuit in California?

The average compensation for medical malpractice cases in California varies greatly, depending on the details of the case, such as the extent of the harm, the type of misconduct, and the effect on the patient’s life. If a patient is seriously hurt or dies because of negligence, the settlement for the patient or their surviving family members can be quite high.

Non-economic damages, such as for pain and suffering or emotional distress are limited in California, which may have an impact on the ultimate settlement.

How Do I Make a Claim for Medical Malpractice in California?

If you think you have grounds for a medical malpractice claim in California, reach out to an experienced medical malpractice lawyer. They will know what proof to gather, such as medical records and professional testimony, to show that the injury was caused by negligence by the provider. Your lawyer will file a claim against the hospital or healthcare provider and can represent you in court to obtain fair compensation. If you are in Pasadena, California, an experienced local attorney can also help you navigate the specific laws and regulations that apply in your area.

What Is the Time Limit for a Medical Malpractice Suit in California?

To file a medical malpractice case in California, you typically have one year from the time you discovered the injury or three years from the date of the injury, whichever comes first. In some situations, such as when the victim is a child or when there has been fraud or concealment, the time

limit may be extended.

What Types of Damages Can I Obtain in a Medical Malpractice Settlement?

The types of damages you can obtain in a medical malpractice settlement can be both economic and non-economic. Economic damages will cover medical bills, lost wages, physical therapy, lost future earning capacity, or home healthcare. You may also receive compensation for non-economic damages for loss of enjoyment in life or for the pain and suffering you have endured.

Contact Us to Get Help for Medical Negligence Injuries

If you have suffered an injury due to the negligence of a medical professional, you deserve compensation. Kampf, Schiavone & Associates can help. Contact us today, and we can schedule a consultation to discuss your case.