Holding Medical Professionals Accountable For Malpractice
When we seek medical care, we trust that we eventually feel better. However, sometimes, people suffer harm due to the negligence of doctors and other health care providers. When they do, it is important to hold medical professionals accountable for acts of malpractice. At The Law Offices of Daniel Feder, our attorney handles medical malpractice claims for people throughout California. We are dedicated to helping you recover the compensation you need to begin moving forward with your life.
We Handle A Wide Range Of Malpractice Claims
Our lawyer has helped people with a wide range of medical malpractice cases, including those involving:
- Birth injuries
- Failures to diagnose or misdiagnoses
- Failure to provide emergency room treatment
- Surgical errors
- Medication errors
It is important to keep in mind that all medical procedures involve some degree of risk. Just because you or a loved one may have suffered harm after seeking medical care does not necessarily mean that malpractice occurred. In order to make a case for malpractice, you must show that a medical professional or health care facility did follow the accepted or reasonable standard of care. The standard of care can differ depending on your geographical area or type of treatment. Because these cases can be so complex, it is important to get experienced legal counsel on your side.
Our attorney has more than 25 years of experience examining, preparing and presenting complicated medical evidence. We work closely with medical experts of the highest quality and training to ensure that every avenue of liability has been explored, helping you to build a strong claim that is designed to recover the compensation you deserve.
How Much Can A Person Be Awarded In A Medical Malpractice Case?
Patients in California are entitled to receive proper medical treatment for injuries and illnesses. If a doctor, nurse or another medical professional deviates from the expected standard of care, a medical malpractice lawsuit is a possibility.
Bringing a medical malpractice lawsuit can help you financially while you recover from your injuries. However, it’s important to note that the amount of financial damages awarded can vary, and California has caps on certain types of malpractice claims.
In May 2022, Assembly Bill 35 (AB 35) was signed by Governor Gavin Newsom. The law modernizes how damages are awarded in California medical malpractice claims.
The legislation now accounts for inflation and the previous cap of $250,000 has been increased. There are two separate caps, depending on whether or not a wrongful death has occurred. Where wrongful death is a factor, the amount of potential damages is capped at $500,000. This is scheduled to increase yearly until the amount hits $1 million.
For cases that do not involve wrongful death, the cap is set at $350,000 and is scheduled to increase by $40,000 each year until reaching $750,000.
Every medical malpractice claim is unique, however, so there is no guarantee of any particular outcome. This sum will largely revolve around the strength of your case. The court will consider factors such as:
- The seriousness of your injuries
- What economic losses you have already experienced
- Any reasonably anticipated future expenses related to your injuries
- The value of your pain and suffering
- The value of your diminished quality of life
The overall nature of your claim, such as when the medical provider’s actions were particularly outrageous, can also affect the settlement or award you receive.
Medical malpractice is an unfortunate occurrence that can happen to anyone. An experienced attorney will be able to talk through your options and ultimately pursue justice for your injuries.
Contact Us If You Believe You Are The Victim Of Medical Negligence
If you believe that you or a loved one has been harmed by medical malpractice, we are here to help. Call us at 415-391-9476 or toll free at 877-557-5609. You may also contact us online. From our offices in San Francisco, we represent clients throughout the Bay Area.