When faced with a severe injury or surgery, the last thing you want to worry about is that you or a loved one is further hurt by the malpractice of a trained medical professional. When faced with such an issue, only the finest in attorneys will do– those that have both medical and legal knowledge. Fighting against a major hospital or insurance company is severe and they will often not give up. Reputations are at stake– any lawsuit against a doctor that settles for more than $25,000.00 must be reported to the Medical Board. Doctors don’t want to risk losing their license and will fight tooth and nail.
The professionals at the Ehline Law Firm PC are legal experts with plenty of medical knowledge. Our years of experience make us second to none in cases revolving around injury stemming from medical malpractice. Call us today for a free consultation at 888.400.9721 and find out more about the law below.
The MICRA Limitations Roadblock
In the 1970s, Governor Jerry Brown signed legislation that limited the pain and suffering damages for victims to $250,000. This was due to the lobbying and strike of doctors’ unions. The California Supreme Court found the law unconstitutional but this was later reversed. In the 1970s, this was more money, inflation-adjusted than today, but it still limits for the victims. In some cases this may barely cover the attorney’s costs and the price of hiring medical experts to prove your case. When faced with these circumstances, caring attorneys try to do the most for these victims.
They are trying to change the law, especially considering that states that do not cap pain and suffering do not have higher insurance rates for medical professionals or hospitals. Under these issues, having only the finest in legal assistance is needed to get back on your feet. The Ehline Law Firm’s experience takes into consideration all issues stemming from your accident. We can determining special economic damages, including losing your job and facing destitution.
The fact that the state is blocking your rights to compensation doesn’t mean that we won’t fight to get every penny for your past, current, and future pain and suffering– including medical costs such as medicine, physical therapy, wheelchair ramps, and other costs.
Inability to find a decent Med Mal lawyer is at epidemic levels in California since the passage of MICRA. The situation seems to be getting worse considering the lower upside when facing a medical practitioner. In many cases, the plaintiff’s lawyers can front costs, including hundreds of thousands they may never return. The defense knows this is more difficult in medical malpractice suits and can try to force the victim into a tough negotiating position. Our firm is selective to make sure that we only do our best for our clients.
When you’ve found an attorney ready to take on the case, there are many issues still ahead.The State of California has a major roadblock in Code of Civil Procedure section 340.5, requiring that adults victims who are mentally competent, shall file their lawsuit within one year from the date they discovered they were injured by the medical office.
If the injury is not discovered within three years, the claim is barred completely. Outside the three years, the plaintiff must show additional proof that he or she was the victim of concealment or fraud or that a surgeon left a “foreign body” inside the patient, that has zero “therapeutic effect.” The state also has difficult hoops for minors to jump through.
At this point, you must determine what type of claim you will make. The first subcategory could be due to the failure of a doctor, specialist, or other healthcare provider to diagnose a medical condition or disease within a timely manner, among others.
This could be due to a misread test or the failure of the provider to do early testing for a risky condition. This could result in untreated cancer or a heart condition. This occurs both in adults and children, including infants. There are many cases where implements were left in patients, wrong surgeries performed, or failure to manage anesthesia.
Both General Practitioners and specialists are under a Hippocratic obligation called “informed consent” to warn patients of known risks of treatment regimens and procedures that may be followed during course of their treatment. This should leave patients ready and informed to undergo possibly dangerous treatments and determine if the rewards outweigh the risks. If this is not done, in addition to med mal, civil claims could be faced the physician for false imprisonment and battery causes of action against the doctor. Most hospitals require their patients to sign a form to waive this right.
There are disturbing cases where doctors will perform unnecessary surgeries based on false diagnosis, falling back on their position as a trained medical professional with public trust. The patient may be a victim of a greedy, incompetent, or willful liar. If he or she improperly carries out the treatment, the caretaker is still legally responsible for a med-mal lawsuit. This could include where wrong meds are prescribed for cancer, and patient suffers an adverse reaction and the disease worsens.
The skilled attorneys at the Ehline Law Firm can assist you through this troubling time. We will come to you and discuss any issues and provide a free, no-pressure consultation. Call us today to talk with a trained professional.