The assistance of a skilled Los Angeles medical malpractice lawyer can be invaluable when making a claim for compensation for any injuries suffered due to the negligence of a medical professional.
Whenever you visit a Los Angeles healthcare provider or medical professional for treatment, you expect that you will be given care with the highest quality demanded by the medical profession. Medical malpractice refers to the misconduct of a physician, surgeon, nurse or other medical professional that causes a patient to be injured or meet death. If you are a victim of medical malpractice in Los Angeles, California, the law is unmistakably on your side. But before you file a claim against the liable party, make sure to speak to a Los Angeles medical malpractice lawyer to have your case evaluated and know what damages you may recover.
There are many ways you can be severely injured due to medical malpractice. Among the most common are bacterial infections, prescription errors, surgical mistakes, misdiagnosis, nursing home neglect, birth injuries, incorrect use of medical instruments, dental treatment errors and emergency room errors. Once you have enlisted the services of a Los Angeles medical malpractice lawyer , you will be assisted in proving your claim. You have to be prepared for this because proving negligence is time consuming and can be so stressful.
In order to have a successful medical malpractice claim, you and your Los Angeles medical malpractice lawyer must prove that:
- the medical professional owed you a duty of care;
- the services rendered to you by the medical professional were below the accepted standard of care;
- you suffered an injury because of the medical professional’s failure to follow medical care standard;
- the injury you have obtained as a result of the medical professional’s negligence has caused you financial, physical or emotional damage.
Generally, your Los Angeles medical malpractice lawyer will demand compensation for non-economic and economic damages. Punitive damages may also be demanded by your attorney if your case is so serious that the act made by the medical professional can be considered gross medical negligence. Since the state of California has placed a cap on non-economic damages, the compensation you may obtain for this type of damage is limited to $250,000. The cap is applicable whether your case is for injury or wrongful death As for economic damages, your Los Angeles medical malpractice lawyer can help you recover all your injury related medical expenses, lost income and future medical care costs. So, if you are unable to work because of your injury, you should tell your Los Angeles medical malpractice lawyer and he will help you have all your future lost income to be included in the settlement or award.
When it comes to attorney fees, the state of California has limited the amount a Los Angeles medical malpractice lawyer can get pursuant to a contingent fee arrangement to forty percent (40%) of the first $50,000, thirty three and one third (33 1/3%) percent of the subsequent $50,000, twenty five percent (25%) of the next $500,000 and fifteen percent (15%) of any monetary value that exceeds $600,000. This limit is applicable regardless of whether the recovery is by judgment, arbitration or settlement.
Therefore, if you have suffered an injury due to a doctor’s lack of care or negligence, you should speak with a Los Angeles medical malpractice lawyer.
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