Medical malpractice, by legal definition in the State of California, is a negligent act or failure to act on the part of a healthcare provider that leads to injury or death of the patient. What this means in layperson’s terms is that the following happened during the course of a person seeking medical care.
- The doctor-patient relationship exists, establishing that the doctor now has a responsibility to provide care
- A failure to treat, or a mistake made during treatment, shows the doctor failed to meet the standard of care in dealing with the patient
- The result of the failure to treat or the mistake in treatment directly caused the injuries or death of the patient in that instance
- The patient suffered a loss or injury that should be compensated for as a result
Not every mistake in medicine is going to be an indication of medical malpractice. The single most important factor in proving negligence in any medical malpractice case is establishing that the doctor failed to meet the standard of care for the patient. This means the doctor’s actions or lack thereof would not be in line with what other doctors’ steps and actions would be in treating the same patient. Mistakes will happen, and they can also lead to injury and death. This does not automatically mean the doctor did anything incorrectly in the attempt to treat the patient. If you believe you have experienced a doctor not treating you correctly and you need a Spanish speaking medical malpractice lawyer in San Francisco, we want you to call the team at Normandie Law Firm. We believe that everyone deserves representation, no matter where you are from or what language it is that you speak fluently.
A language barrier can be difficult to overcome in the simplest situations. When you have an injury that needs treatment, the stress levels rise, and sometimes accidents happen. We speak Spanish so that we do not have any issues understanding every single thing that took place when you were being treated. This helps us assess your claim and determine if you have a case that we can win for you, securing you the financial compensation you deserve if you have experienced malpractice.
Your first contact with Normandie Law Firm is going to give you some information on the options you have. You will be speaking with someone fluent in Spanish and with real legal experience. The next step is going to be getting you scheduled for a free consultation with a Normandie Law Firm medical malpractice lawyer who is experienced in cases like yours. In that meeting, the lawyer is going to review the facts they need to be able to fully assess your incident. Our first step is to determine the legal merit of your case and the potential for a lawsuit against the doctor who may be responsible for your injuries. This is a critical step, as there are several thousand cases filed for medical malpractice each year, but only a couple thousand reach court and result in a payment to the victim. This does not count out of court settlements, only lawsuits themselves.
When it comes to lawsuits like personal injury, only a small fraction of cases ever reach court. Many of them end in negotiated settlements, while others are tossed out before trial. Please reach out to our legal team at the Normandie Law Firm today so that we can discuss your injuries and issues. We can assist you in both seeking a settlement and filing a lawsuit. We want you to know that no matter what decision you make after your free consultation, you have no obligation to hire the Normandie Law Firm to represent you. Before you leave that day, there is one thing we will make sure you know. There is a time limit for filing a medical malpractice lawsuit in the State of California.
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Time Limits For Filing A Lawsuit For Medical Malpractice In California
There are two different time limits in the Statute of Limitations in California to file a medical malpractice lawsuit. Beginning on the date of the accident and treatment where the malpractice occurred, you have three years to file a lawsuit from that date. The second time limit is 1 year from the date on which the discovery of the injury occurs. The statute limit that applies is the first occurring date. If the time limit does expire, the court will not hear a case. There are rarely ever allowances made by the court about the Statute of Limitations, but there are some exceptions. If you suspect that you are the victim of medical malpractice, seek medical attention and contact us at Normandie Law Firm as soon as possible, before you lose the right to pursue damages and get compensation. Your Spanish speaking medical malpractice lawyer in San Francisco can review the exceptions with you.
What Are The Different Medical Malpractice Types?
There are two different ways in which a doctor commits medical malpractice. They are either by direct action, or by omission or failure to execute or act. Both types are present in the common forms of medical malpractice that the Normandie Law Firm routinely sees.
Birth injuries – poor prenatal care, or the improper use of a delivery tool during birth
Anesthesia issues – failure to review a patient’s medical history or giving the patient too much anesthetic
Medication errors – Giving medication before checking for other drugs the patient may be taking, or prescribing the wrong amount of a treatment drug
Surgical injuries – Leaving a tool or implement in the patient’s body or damaging another organ when repairing another organ
Failing to treat a patient – A failure to diagnose a patient correctly or at all, or failing to refer them to another doctor or specialist to progress treatment
There are many different ways medical malpractice can show up across the different treatment methods of all the various injuries and diseases that are treated every day. It isn’t when a doctor makes a mistake. They do happen and will continue to happen. It happens when those mistakes are preventable. Failing to follow up or follow through isn’t a mistake. It is a failure to act. When you need a Spanish speaking medical malpractice lawyer in San Francisco, Normandie Law Firm has you covered.
Medical Malpractice Lawsuits and Causes That Can Be Resolved With Settlements
Typically, the minor injuries that do not have a long-term or lasting impact on the life and health of a patient can be negotiated with the insurance provider that is providing the doctor’s malpractice policy. In our experience, what maximizes the value of the settlement is the willingness to go to trial, as well as the knowledge of what constitutes a fair offer based on the details of the injury and the doctor’s behavior. The Normandie Law Firm has an excellent reputation when it comes to negotiated settlements with insurance carriers. We are fair but firm because you deserve to be compensated when it comes to medical malpractice, no matter how little impact it might have on the rest of your life.
Medical Malpractice Types That Result in Lawsuits
When a preventable issue happens and either causes a personal injury or fails to treat one, those injuries can range from very mild to life changing and very severe. They may not always be just one issue, either.
The ongoing cost of medical treatment and any needed rehabilitation for personal injuries is going to be very expensive. The experience that our team at the Normandie Law Firm brings to this process is that we have seen the effects of these injuries and have access to people who can help you evaluate what the future might hold. We can help you plan for those issues and ensure we are accounting for them when we build the documentation for the damages we are seeking.
What Is The Average Settlement Value Of Medical Malpractice Lawsuits?
In the State of California, the medical malpractice negotiated settlement values are, on average, a minimum of $300,000 and are up to $500,000. The result of a jury trial and award is typically more than 1 million dollars. The items that are evaluated and lead to a settlement value include:
- Severity of the resulting injury, with the worst case being a lifetime disability
- The cost of any legal fees related to the lawsuit
- Economic damages, including lost wages and earning capacity, as well as medical bills, none of which have limits in California
- Non-economic damages like pain and suffering and emotional distress, which are capped and show increases in the cap into the 2030s
If you add up all the cases annually, there is a mathematical average and a range, but it will have little impact on the settlement amount that is awarded in a trial or offered to you by the insurance carrier for the doctor’s malpractice insurance. What has the biggest impact on the value is your documented expenses, and as crucial will be the amount of lost income, your future earnings, and medical bills for treatment of the injuries caused.
Assessing A Medical Malpractice Claim And The Importance Of Hiring An Experienced Law Firm
The key to winning a medical malpractice lawsuit lies in understanding the actions taken and not taken, as well as assessing the knowledge of the standard of care, which serves as the ultimate yardstick when a doctor treats a patient. Our lawyers can perform the first part, but an experienced law firm like Normandie also has subject matter experts who are able to assess the second part. Without there being someone to testify that the treatment administered doesn’t rise to the level of care that is standard, the case will not be won. It takes another medical professional who understands the standards of care and can render a respected professional opinion of what was done and what was not done. Hiring the firm that has these people ready to call to testify, and help review a case and assess the claim before it gets to court, is what separates the law firms. This is what Normandie Law Firm brings to the table when you hire us.
Medical Malpractice Lawsuits And Upfront Costs
Here at the Normandie Law Firm, we do not ask our clients for any legal fees before we take their case. You will not be billed for our services until your lawsuit is settled out of court or is resolved in your favor in court. If we do not win your case in court, you will not be charged for our services at all. Please reach out to us today if you need a Spanish speaking medical malpractice lawyer in San Francisco. Hablamos espanol y queremos ayudarte.
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