Spanish Speaking Medical Malpractice Lawyer in Oakland

Here in the State of California, medical malpractice is legally defined as a negligent act, or a failure to act by a healthcare provider, leading to further injury or the death of a patient. In general terms, it means that part or all of the following took place when a person seeking medical care was seen by a doctor.

• The doctor-patient relationship has been established, meaning the doctor now has a responsibility to provide care for the patient. There is no malpractice without this step
• A failure to treat the patient on the part of the doctor, or the doctor committed a grave mistake while treating the patient. This demonstrates that the doctor did not meet the standard of care expected when treating the patient
• The result of the failure to treat or the mistake in treatment leads directly to additional injuries or to the death of the patient due to not treating successfully or at all the existing injuries
• The patient or the patient’s family suffered a loss that should be compensated as a result of the malpractice

Doctors and medical staff do make mistakes in the treatment process. Any error in medicine is not necessarily a sign of medical malpractice. The yardstick used to measure and prove negligence in any medical malpractice case is showing that the doctor failed to meet the standard of care for the patient. This translates to the fact that the doctor’s action or lack of action would not be in line with what other doctors would do in treating the same patient and a similar or identical injury. Mistakes do happen, and sometimes they do lead to death or fail to treat an injury successfully. This does not mean the doctor did anything wrong in their efforts to treat a patient or illness. If you believe you have experienced a situation where medical malpractice is possible, and you need a Spanish speaking medical malpractice lawyer in Oakland, we want you to contact the Normandie Law Firm. At the heart of our staff’s approach is the belief that everyone deserves access to legal representation. It doesn’t matter where you are from or what language you speak fluently. We are here to help you determine the chance that you or your loved one was injured during treatment.

The language barrier is a challenging problem even in the simplest circumstances. When you are dealing with medical professionals, words are essential, and the exact words can be the difference between life and death. They are equally important when it comes to laws and insurance. If you have an injury that needs to be treated, your stress level goes up, and accidents can and will happen. Our legal team members speak Spanish so that we do not have problems in capturing every single thing that happened while someone was being treated. This helps us evaluate the case facts and assess the possibility that your claim may be an example of medical malpractice.

In your initial contact with the Normandie Law Firm team, we are going to give you some information about the options available to you. You will be speaking with someone who is fluent in Spanish and has real legal experience. Our next step will be to schedule you for a free consultation with a Normandie Law Firm medical malpractice lawyer in Oakland. They will be experienced in cases like yours, and during that meeting, they will review all of the facts they need to fully validate your incident as medical malpractice. This first step allows the legal merit of your case to be reviewed and confirmed. This is a very critical process when you understand that each year, there are several thousand cases filed for medical malpractice, with only a couple thousand reaching court and being won, securing damages for you or your family. For lawsuits like personal injury related ones, only a small fraction of those cases also get heard in a court of law. Some of them end in a negotiated settlement between the client and the insurance carrier, but many do not get very far.

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 an out of court settlement and in filing a lawsuit. What matters is what decision you make after your free consultation, but equally as important is that you have no obligation to hire Normandie Law Firm to represent you. Before you leave the first meeting, there is one more thing we want to ensure you know. It is about the time limit to file a medical malpractice lawsuit in the State of California.

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What Are The Time Limits For Filing A Lawsuit For Medical Malpractice In California?
The Statute of Limitations in California has two different time limits for filing a medical malpractice lawsuit. The first one starts on the date of your accident, and you have three years to file your lawsuit from that date. The second time limit is 1 year from the date of the discovery of the injury from the malpractice. The statute limit that will apply to your filing is the first occurring date on the calendar. If the Statute of Limitations expires, the court will not hear your case. There are rarely ever allowances made by the court about time limits, but there are some exceptions. If you suspect that you are the victim of medical malpractice, seek medical attention for the injury and your pain, and then contact the Normandie Law Firm as soon as you possibly can. Your Spanish speaking medical malpractice lawyer in Oakland can review the exceptions with you.

What Are Some Common Examples Of Medical Malpractice?
There are two types of basic causes when it comes to medical malpractice. One is failing to treat the patient. The second way is by direct action, but performing an incorrect treatment plan or action. It might be based on a varied list of details regarding the patient, or perhaps a lack of attention to detail. Both of these are failures to meet the standard of care. Both ways are present in the common types of medical malpractice that the Normandie Law Firm sees when handling these types of cases.

Anesthesia issues – Often from a failure to review the patient’s medical history and missing a notation about what the patient can tolerate for drugs, or administering too much anesthetic to the patient for their size

Birth injuries – Starting with improper prenatal care for the mother, a failure to complete testing, or attributed to the use of a delivery tool during birth in an inappropriate way

Medication errors – Prescribing the wrong medication due to an allergy or existing drug interaction, or administering the medication to the wrong patient

Surgical injuries – Performing an operation on the wrong limb or other portion of the body, or making a critical mistake during surgery, with a procedure mistake, or in damaging another organ

There are several ways in which medical malpractice can occur. It might not show up immediately, or it might be ruled an undetected injury, and will not be caught until treatment discovers the real cause. Mistakes do happen and always will. What makes the circumstances a case of medical malpractice is when the standard of care is not met. Not counting sponges before closing or failing to check the chart before treating a patient are examples of a lack of attention to detail. Discovering a patient is allergic to medication when there was no report or record is an accident. The Normandie Law Firm team will help you determine if your issues are from malpractice. When you need to hire a Spanish speaking medical malpractice lawyer in Oakland, contact the Normandie Law Firm.

Why Does A Medical Malpractice Lawsuit Get Resolved With A Settlement Out Of Court?
The cases that get settled out of court are usually minor injuries with no lasting damage, and rarely have any lasting impact on the patient. They will often be negotiated when the company that carries the malpractice insurance policy for the doctor raises the question of a quick settlement. Another contributing factor is when there is no question that malpractice happened. What also contributes a great deal is your willingness to go to trial. What we bring to the table is our knowledge of what is a fair offer on the part of the insurance company attorneys. The Normandie Law Firm lawyers have a stellar reputation in the industry when it comes to negotiated settlements with insurance carriers. We are fair and firm because we don’t file suits unless we believe we can win, and our record shows that.

What Medical Malpractice Injuries Will Usually Result in A Lawsuit?
Generally speaking, the cases that end up in court are the ones with the most impact on the patient, or in cases of death, the most significant effect on the families of the victim. The values are usually higher in value too. When you take into account factors such as the ongoing costs of medical treatment and rehabilitation for the injuries, the penalty to the insurance company is likely to be expensive. Similar to the out of court settlement experience, our team at the Normandie Law Firm brings the same high level of experience to the litigation process, too. The tools we have at our fingertips to use are different, but we have access to professionals who are ready to help us hold the doctors and hospitals accountable. The process is longer, but we will help you plan for the fight that is coming.

The Average Settlement Values Of Medical Malpractice Lawsuits In California
In the State of California, the medical malpractice negotiated settlement values run between $300,000 and $500,000 for significant injuries. The result of a jury trial and award is typically more than $ 1 million. The things we take into account when suing for that kind of value include, but are not limited to, the following:

• The severity of the resulting injury, with the worst case being a lifetime disability of some kind
• Your costs for legal representation, including expenses, such as time in court
• The economic damages will include your lost wages and future earning capacity if it is damaged, as well as your medical bills, none of which have limits in California at this time
• Non-economic damages like pain and suffering and emotional distress, which do have limits set by the state

Upfront Costs And The Normandie Law Firm
The Normandie Law Firm will not require our clients to pay upfront legal fees before we accept your case and represent you in court. You will not be billed until your lawsuit is resolved in your favor. If we do not win your case in court, we will not charge you for our services. Please get in touch with us today if you need a Spanish speaking medical malpractice lawyer in Oakland. Hablamos Espanol.

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