Malpractice Law Update
In the past, the maximum damages for injuries or death was $250,000, regardless of the number of negligent healthcare providers. Thanks to the efforts of malpractice lawyer advocates, the recoverable damages today are significantly higher. In wrongful death actions, the limit on damages for the loss of love, comfort, society and companionship ranges from $650,000 to $1,950,000 depending on the number of negligent doctors and hospitals and it increases by $50,000 every year. For injury cases liked botched surgery, failure to detect post op bleeding, failure to diagnose cancer and other treatable diseases, the limit on pain, suffering, and loss of enjoyment of life damages ranges from $470,000 to $1,410,000 increasing by $40,000 per year. Economic damages for loss of earnings and medical expenses are not limited.
FAQs
Q: How long do I have to bring a medical malpractice claim?
A: It depends on the specific facts of your claim. In general, an injured patient or the family of a deceased patient must file a claim within 1 year of the time he/she suspects the injury or death was caused by the carelessness of a doctor, nurse or other provider of medical care and services. If a government entity/employee provided the improper care, you only have 6 months to file a Government Claim. Calculating the time limit can be difficult. Only an experienced malpractice lawyer can help you make that determination.
Q: I've heard there are damage limits in malpractice cases. Does that mean I am entitled to the maximum award for my case?
A: No. The value of your damage claim depends on multiple factors and a jury or arbitrator determines the amount. If they award more than the maximum limit, the Court will reduce the award accordingly.
Q: Does a poor outcome or death always mean there is a valid malpractice claim?
A: No. There are potential risks and complications of every medical procedure that can occur in the absence of malpractice. Only qualified medical experts can testify that injuries or death are caused by negligent care. Only an experienced malpractice lawyer can help find the right expert witnesses to evaluate and support your claim.
Q: Do all malpractice claims go to trial or arbitration?
A: No. The majority of claims supported by qualified expert witnesses are resolved before trial/arbitration through a process called mediation where you have control over the outcome.
Q: Do I have to pay you up front to take my case?
A: No. I take malpractice cases on a contingency fee basis and only get paid for if I successfully resolve your case. Attorney's fees are 25% of the net recovery if the case is resolved before filing in Court or demanding arbitration (Kaiser malpractice claims), and 33% of the net recovery once a Complaint is filed in Court or a Demand for Arbitration is made. "Net recovery" is the total recovery less litigation costs and expenses. See retainer agreement for details.