In the State of California, Medical malpractice is legally defined as a negligent act or failure to act on the part of any healthcare provider that subsequently leads to an injury or the death of a patient under their care. For medical malpractice to be considered, the following needs to have taken place.
- The doctor-patient relationship is established, indicating that the doctor now has a responsibility to provide care for the patient
- A mistake made during treatment, or a failure on the part of the doctor to treat the patient, indicates that the doctor failed to meet the standard of care for 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 particular instance
- The result is that the patient or family should be compensated as a result of the malpractice
Not every mistake in medicine results in a medical malpractice lawsuit. The first and most important factor when you consider filing a malpractice case is being able to prove that the doctor did not meet the standard of care for the patient. What this means is that the doctors’ actions, decisions, and any mistakes they might make are not meeting what the industry considers to be a minimum standard when it comes to treating a patient. Mistakes do happen, and they can cause or fail to prevent injuries or deaths. This does not automatically prove the doctor was incorrect in any way with their efforts to treat a patient.
If you believe you have experienced a doctor guilty of malpractice, and you need a Spanish speaking medical malpractice lawyer in San Jose, we encourage you to call the Normandie Law Firm. We believe that everyone deserves fair treatment and access to legal representation in America. It should not matter where you were born and come from, or what language you speak fluently.
While any language barrier can introduce a significant challenge to overcome when communicating, if you have an injury that needs to be treated, being able to clearly communicate your symptoms and the circumstances of your injury is critical. The next time it is that important is when you are speaking with your lawyer to tell them what happened at the hospital. We do not want to have any issues understanding everything that took place, so we have Spanish speaking team members on staff. It is how we ensure we get the complete story with the details that may help us identify your experience as medical malpractice. Having all the information will help us complete an assessment of your lawsuit and determine its legal merit and our ability to win your case for you.
The first contact with Normandie Law Firm is going to provide you with some information on your available options. We will assign you someone who speaks fluent Spanish and has legal experience. We will get the initial report, and then we will get you scheduled with a free initial consultation. We will assign a Normandie Law Firm medical malpractice lawyer who will be experienced in cases similar to yours. Our first step is to assess the legal merit of your case and determine the potential for a lawsuit against the doctor that you believe is responsible for your injuries. There are several thousand cases filed for medical malpractice every year, but most of them do not make it to court. As such, this step is one of the most critical ones we take.
When it comes to lawsuits like personal injury, only a small fraction of cases ever reach court. Some of them end in negotiated settlements, while others get tossed out before trial.
Please call the legal team at the Normandie Law Firm today so that we can discuss your injuries and issues. We want you to know that there is no requirement that you hire the Normandie Law Firm to represent you, no matter what decision you make after your free consultation. One of the most essential facts you will hear from us in our first meeting is about the time limit for filing a medical malpractice lawsuit in the State of California.
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The Statute Of Limitations In California When You Wish To File A Lawsuit For Medical Malpractice
There are two different guidelines in California that limit the time you have to file a medical malpractice lawsuit. The longest time period starts on the date of the treatment, and the limit is three years from that date. The second time period is defined as 1 year from the date you discover the injury. The statute time limit that will apply to your lawsuit is the first occurring date. What this means is that if you determine that you have an injury linked to your treatment, the 1-year time limit will take precedence over the 3-year time limit. If the applicable time limit expires, the court will not hear your case. 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. If you have any questions about the statute of limitations, your Spanish speaking medical malpractice lawyer in San Jose will be able to answer them for you.
The Different Types Of Common Medical Malpractice Cases
When it comes to defining how a doctor might be guilty of medical malpractice, it is either through direct action or omission, and potentially a failure to treat. Both of these can be present in the common types of medical malpractice that the Normandie Law Firm routinely deals with while working for our clients.
Anesthesia issues – typically a failure to review a patient’s medical history for problems or allergies, or giving the patient the wrong dose of anesthetic prior to surgery
Other medication errors – Administering medication before checking for dangerous drug interactions with their current list, or giving a patient the wrong drug entirely
Surgical injuries – Damaging another part of the patient’s body when performing surgery, or failing to fully repair the injury through inattention to detail or in haste
Birth injuries – the improper or unsafe use of a delivery tool, or a failure to monitor the child for distress during birth
Failing to treat a patient – Diagnosing a patient incorrectly, failing to treat them for their injury, or forgetting to refer them to another doctor or specialist to progress their injury treatment
There are hundreds of ways medical malpractice could happen across the different injuries and circumstances seen every day. Mistakes do happen and will continue to happen, but medical malpractice is when errors are preventable, either by following the protocols or paying attention. If a doctor fails to follow through with a patient, that is not a mistake. It is a failure to act, to pay attention, to focus. That is a failure to deliver to the standard of treatment. When you need at Spanish speaking medical malpractice lawyer in San Jose, Normandie Law Firm is ready to help you pursue your claim.
Medical Malpractice Lawsuits and Settlements Out Of Court
The Normandie Law Firm typically sees malpractice claims for minor injuries get settled out of court. The insurance company is going to minimize its losses and shorten the time it takes to resolve your needs. Our fees are lower because of the time and effort involved. The key part of what maximizes the value of the settlement in our experience is your willingness to go to trial. They will want to avoid doing so. We also have a great deal of knowledge and experience about what is a fair offer. The most significant benefit is the speed at which you will get compensated. The Normandie Law Firm is fair but firm with the insurance company. You deserve to be compensated and not to be out of pocket at all, not even for our fees.
Medical Malpractice Types That Result in Lawsuits
Cases go to court often because the case has significance or the insurance company is certain the doctor isn’t guilty of malpractice. They often have legal teams on staff, and in big cases, the effort could save them a great deal of money. The other reason is that the doctor is, in fact, guilty, and the client isn’t going to settle out of court for less money than they are going to get for the damage the doctor did.
When it comes to the size of cases like that, the ongoing cost of any needed medical treatment and rehabilitation for personal injuries is often extremely expensive. The experience that our team at the Normandie Law Firm brings to this type of case is again the experience we have when it comes to the effects of injuries like yours. We are also very good at capturing each and every cost when it comes to both your economic and non-economic losses.
The Average Damages Value Of Medical Malpractice Lawsuits
Data on the medical malpractice damage values in California shows they are often a minimum of $300,000 and can go as high as $500,000 for settlements. The award from a jury trial is typically more than 1 million dollars, with the full trial cost being part of that settlement. The items that get evaluated for a settlement value include the following:
- The severity of your injury, with the worst case being a lifetime disability, and the cost of ongoing healthcare, potentially for the rest of your life
- The cost of your legal fees related to the lawsuit, including investigation and litigation
- Economic damages to you, covering items like your lost wages, changes to your earning capacity from disability, as well as all of your medical bills, none of which have limits in California
- Non-economic damages like emotional distress, your pain and suffering, loss of enjoyment, and any disfigurement are capped by law
The mathematical average and a range exist, but it has very little impact on your settlement amount awarded in a trial or offered to you by the insurance carrier for the doctor’s malpractice insurance. What impacts the value is your documented costs and the costs of similar cases with the same outcome.
What Kind Of Upfront Costs Will There Be To Pursue A Medical Malpractice Lawsuit?
The Normandie Law Firm does not ask our clients for any legal fees before we take them on as clients. 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 at all. Please don’t hesitate to contact us today if you need a Spanish speaking medical malpractice lawyer in San Jose. We are ready to help you obtain compensation if you have been a victim of medical malpractice. Se Habla Español.
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