Medical Malpractice FAQs
We know you have a lot of questions. Here you will find answers to the most common questions we receive from our clients.
Our attorneys have provided this list of commonly asked Medical Malpractice questions for your convenience:
What is medical malpractice?
Medical malpractice can be defined as the failure of a medical professional (doctor, nurse, EMT, dentist, plastic surgeon, or other medical facility staff member) to provide adequate or otherwise reasonable medical treatment and care to a patient. Medical malpractice can occur once or on an ongoing basis and may manifest itself only over a period of time. In Lancaster, medical malpractice attorney R. Rex Parris and his team can help you understand your case and successfully litigate a suit against the negligent medical professional who harmed you.
What are some types of medical malpractice?
Common types of medical malpractice include:
- The failure of a medical professional to diagnose an illness, the delayed diagnosis of an illness, or the misdiagnosis of an illness.
- Surgical errors, including performing the wrong surgery.
- Medication errors, including administering a medication that has potentially deadly side effects or interacts negatively with another medication.
- Foreign bodies (often surgical tools or instruments) left inside the patient.
What are the first steps that victims of medical malpractice should take?
If you suspect that you have become the victim of medical malpractice and are still under the care of that doctor, the first thing you should do is consider seeing another, more reputable medical professional. Next, contact a Lancaster medical malpractice attorney, serving the Victorville and Santa Clarita areas to discuss your case. California law places a limit on the amount of time that victims have to file medical malpractice claims, so it is in your best interest to act quickly the moment you suspect malpractice.
Is it possible to file a medical malpractice claim if a consent form or waiver has been signed?
Yes, it is still possible to file a medical malpractice lawsuit against a negligent health care professional even if you have signed a medical release form. It should be noted that patients are required to sign a release form or waiver before undergoing any medical procedure. However, signing this form does not give medical professionals the license to perform their duties below an acceptable standard.
What is the statute of limitations in California?
To quote the statute of limitations for filing a medical malpractice claim in California directly: “Victims must file a claim within three years of the date of the injury, or within one year of discovering the injury, which ever comes first.” We encourage you to speak with our medical malpractice attorney team in the Santa Clarita area to discuss your case in detail. Our lawyers can help you understand the specifics of your claim and recommend appropriate legal action that will hold the negligent parties responsible for their reckless actions.
How is a medical malpractice attorney paid?
A medical malpractice attorney is paid on a contingency fee basis, which means that your lawyer is entitled to collect a certain predetermined percentage of your total settlement or jury award. If you don’t receive compensation, then you aren’t responsible for paying the legal fees associated with your case. Because medical malpractice cases are expensive to litigate, most personal injury lawyers won’t agree to take such a case unless there is a clear and defined instance (or instances) of malpractice that has occurred.