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For any medical malpractice attorney in Los Angeles, the negative context in which surgical mistakes are discussed relative to healthcare reform must be frustrating. Quite often, malpractice is treated as if it were frivolous and inconsequential to the patient, a simple way for attorneys and patients to make easy money.
In fact, it’s not uncommon for a Los Angeles medical malpractice attorney to see botched surgical procedures of significant consequence. Almost every Los Angeles personal injury attorney who specializes in medical malpractice is also familiar with instances where a surgical mistake has led to the death of a patient.
In 2008 alone, more than 98,000 deaths nationally were attributed to medical mistakes. This doesn’t count the cases where the victim survived the error but lives on in a state of reduced health, with impairments that prohibit the individual’s ability to earn a living. Because of the nature of malpractice and California law, early contact with legal counsel is significantly important.
What constitutes a surgical mistake?
Particularly in Southern California’s entertainment industry, everyone can understand where a facelift or other cosmetic procedure can affect one’s income positively or negatively can make the difference between working and not working. A mistake that leads to asymmetry in a smile is more than reason enough to contact a qualified Los Angeles medical malpractice attorney.
In jobs requiring manual labor, as well as those that demand mental acuity, mistakes can be equally costly and life limiting. These are among the most common surgical errors that warrant involvement of a Los Angeles personal injury attorney:
- Operating on the wrong site of the body – for example, when a right knee is replaced but the left knee was the ailing joint.
- When surgical instruments, sponges or other foreign and unintended items are left inside the body after surgery.
- When misdiagnosis leads to performing unnecessary surgery.
- Excessive post-surgical infection that can be attributable to substandard operating room practices.
- Negligent pre- and post-surgical care.
- Hospital mistakes on the part of nursing or administrative staff that contributed to a poor and debilitating outcome.
- Failure to diagnose complicating conditions prior to surgery.
- A delay in treating a diagnosed medical condition that is unreasonable and negligent.
Timing/California Statute of Limitations
When a patient or patient’s family suspects that one or several of these mistakes were made, they should contact a medical malpractice attorney in Los Angeles as soon as possible to meet California’s statute of limitations. The state requires that legal action begin within three years of the date of injury and one year after the victim’s injury is discovered (whichever date comes first). In the case of minors under the age of six, the legal action must be filed within three years of the date of injury or before the child’s eighth birthday.
When a decision is made to go forward with a suit, the Los Angeles personal injury attorney needs to give the physician or institution 90 days notice of the intention to file.
Monetary compensation and legal counsel payments
As with surgical error practices in legal communities across the U.S., a medical malpractice attorney in Los Angeles will not charge a client for services until a favorable judgment is awarded. By law, the compensation for a Los Angeles medical malpractice attorney is limited to 40 percent or less of the first $50,000 recovered for the patient. For amounts greater than that, the scale slides: 33.33 percent on the next $50,000, 25 percent for an award of $100,000 to $600,000 and 15 percent on amounts exceeding $600,000.
What can a medical malpractice award amount to? Judges adhere to California law that limits non-economic damages – a.k.a., pain and suffering – to $250,000. Economic damages include everything from medical costs, future medical treatment related to the surgical error, adaptations of home and vehicle as mandated by the patient’s care, and lost future income. A Los Angeles medical malpractice attorney needs to engage financial experts and economists who can accurately predict some of these costs into the future.
To prove these damages, a Los Angeles medical malpractice attorney must invest time and resources in pursuing the case. Such cases can be active for a year or more, incurring significant time costs. Often, a Los Angeles personal injury lawyer will also retain the services of medical experts to testify on behalf of the plaintiff, and use sophisticated technologies to present the technical details to the court. For these reasons, the law firm needs to be fairly certain that the case has merit and will succeed before a commitment is made to pursue it.
Contact Los Angeles Medical Malpractice Attorneys
If you have sustained an injury due to medical malpractice and are ready to learn how our Los Angeles medical malpractice attorneys can assist you and your family, please call us today for a free consultation about medical malpractice.
David Drexler is an expert trial attorney who will provide you with wise and compassionate legal counsel and representation through each stage of the process. Remember, you pay nothing if we don’t win your case.
You can contact Los Angeles medical malpractice attorney David Drexler by email, by calling 1-877-99-LA-LAW (1-877-995-2529) or by filling out the form below.
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