Los Angeles Medical Malpractice Lawyers

Commonly Asked Questions about Los Angeles Medical Malpractice Claims

There are various factors which the courts and the legal system has created to determine whether you have a claim for medical malpractice.  Specifically, there are four (4) specific factors which are examined in determining whether you may recover for medical malpractice.

To prove negligence, and therefore medical malpractice, your Los Angeles Medical Malpractice Attorney must prove:

• The California hospital, Los Angeles doctors, physicians or nurses, or healthcare provider owed you a duty of care.  According to California law, a doctor has a responsibility to continue to provide care once they have begun provding care to the patient.
• Your attorney must then prove that this responsibility and / or duty was violated and / or not upheld.
• Additionally, this breach of this duty must result in an error (hospital error, medical error, medication error or surgical injuries) that caused injury to you or a loved one.
• Lastly, you must prove personal damages - If you are not suffering from serious damages and / or injuries then you will not likely be able to seek recovery for your Los Angeles Medical Malpractice injuries. However, both emotional and physical damages are considered in making this determination.

How long do I have to file a suit?

In California, the Medical Malpractice statute of limitations states that you must file your Calfornia Medical Malpractice claim within 3 years of the date of the injury, or 1 year from the date that the patient discovers the injury.

Therefore, if someone was operated on, and it would be impossible for them to determine that they have been injured until well after three years from the date of their medical operation, once you discover your injury, you have up to one year to bring your LA medical malpractice claim.

What are my rights if I have signed a waiver of liability forms?

If you, or your loved one who was injured, sign a waiver of liability form, then the California doctors or the Los Angeles hosptal will not have to pay you for your injuries.  Now, while this is the case, if the doctor was grossly negligent or failed to provide you with the proper standard of care, then you must contact our Los Angeles Medical Malpractice Lawyer for a free consultation to discuss the events of your particular case - as you may still be able to recover for your serious injuries.

For example, if you were to have your left arm operated on, you would generally sign a waiver which describes the possible side-effects or dangers which could result from such an operation, such as an infection on your left arm.  However, if upon recovering from the operation, you observe that your RIGHT arm, not your left arm, was operated on, then you would most likely be able to sue and recover damages for the doctor's negligence.

How can a Los Angeles Medical Malpractice Attorney help me?

The legal aspects of a Malpractice Lawsuit are in depth, and long hours of researching through medical records and proper procedure outlines to determine the grounds for a claim. This is a job for a Los Angeles Medical Malpractice Attorney who is well informed and educated on the issues at stake, and can bring closure for both the injured person and theiir family.

If you have reason to think that there has been an error and / or injury in your medical procedure that could have been prevented if proper protocol was followed by the California Medical Doctor, Nurse or Hospital, then you would benefit from contacting a Los Angeles Medical Malpractice Lawyer today at 800-715-4489.