Medical Malpractice Attorney Newport Beach
When you need medical care, you want treatment at the highest level of care. However, sometimes medical professionals make mistakes that can cause serious harm to their patients.
According to the National Practitioner Data Bank (NPDB), there have been 2074 medical malpractice-related reports in California as of June 2022. This number is expected to grow as the population in California continues to expand.
If you have been the victim of medical malpractice, you must seek legal help as soon as possible. You need an experienced Newport Beach medical malpractice attorney who will fight for your rights. At Peck Law Corp, we have a proven track record of success in handling these complex cases.
Experienced Medical Malpractice Attorney in Newport Beach, CA
Medical malpractice is professional negligence from a health care provider in which the treatment falls below the accepted standard of practice in the medical community and causes injury or death to the patient.
There are many different types of medical malpractice, but some of the most common include the following:
Misdiagnosis
Delayed diagnosis
Surgical errors
Birth injuries
Anesthesia errors
Medication errors
If you or a loved one has been a victim of medical malpractice, you need an experienced and knowledgeable attorney. The Newport Beach medical malpractice attorneys at Peck Law Corp have extensive experience handling these complex cases and will fight to get you the justice and compensation you deserve.
Statute of Limitations for Medical Malpractice Cases
The statute of limitations is the time limit you have to file a lawsuit. In California, the statute of limitations for medical malpractice cases is three years from the date of injury or one year from the date you discovered or should have discovered the injury, whichever is first.
However, there are some exceptions to this rule, so it’s essential to speak with an experienced medical malpractice attorney as soon as possible to determine if you are still within the provided deadline.
The court may bar you from seeking settlement or charges if you wait too long to file a case.
Calculating Damages in Medical Malpractice Cases
If you succeed in your medical malpractice case, you may be entitled to economic and non-economic damages. Economic damages have a specific monetary value, such as hospital bills and lost wages. Non-economic damages are more difficult to calculate and include damages like pain and suffering, loss of enjoyment of life, and emotional distress.
The financial value you are entitled to recover will depend on specific facts and circumstances. An experienced medical malpractice attorney will be able to evaluate your case and calculate the damages you are entitled to.
The Elements Required To Prove a Case
To prove a case of medical malpractice, you will need to show the following elements:
Duty
The healthcare provider owed you a duty of care. This means they were required to provide you with the same level of care and treatment that a similarly situated patient would have received under similar circumstances.
Breach
The healthcare provider breached their duty of care by deviating from the accepted standard of practice. This can be shown by expert testimony from another healthcare provider who will testify about the accepted standard of care and how the healthcare provider in question breached that standard.
Injury
The breach of duty caused your injuries. This means that if not for the breach of duty, you would not have suffered the injuries you did. Again, you can show this through medical records.
Proximate Causation
The breach of duty must have caused you to suffer injuries, and you can prove this with medical records and expert testimony.
If you can prove all four of these elements, you will likely be successful in your medical malpractice case.
However, it’s important to note that not all bad medical outcomes result from malpractice. To have a successful case, you must show that the healthcare provider’s actions were negligent and that this negligence led to your injuries.
The Process of Filing a Medical Negligence Case
If you believe you have a medical malpractice claim, following the proper procedures is essential to have a successful case.
1. Speak With the Medical Professional Involved
The first step is to speak with the medical professional you believe was negligent before filing a claim. This is usually the doctor or surgeon who treated you. You should explain your injuries and allow them to correct the problem. This will often be all that’s needed to resolve the issue.
However, if the medical professional is unwilling or unable to correct the problem, you may need to take legal action.
2. Inform the Appropriate Medical Licensing Board
If you believe the medical professional’s actions rise to the level of misconduct, you should file a complaint with the appropriate medical licensing board. The board will investigate the complaint and take disciplinary action if they find that the doctor violated the standards of their profession.
3. Consult With an Experienced Medical Malpractice Lawyer
It’s essential to consult with an experienced medical malpractice lawyer before taking any legal action. A lawyer will be able to evaluate your case, advise you of your best course of action, and help you investigate and gather evidence.
An attorney can ensure that your case meets its deadlines according to the statute of limitations.
4. Consider an Out-of-Court Settlement
Medical malpractice cases can be expensive and time-consuming. If the defendant is willing to offer a fair settlement, it may be in your best interest to accept it and avoid going to court.
An experienced medical malpractice lawyer can negotiate a fair settlement on your behalf.
5. Initiate a Medical Malpractice Lawsuit
You may need to file a medical malpractice lawsuit if you cannot reach an out-of-court settlement. This involves filing a complaint with the court and serving the defendant with the complaint.
The defendant will then have an opportunity to respond to the complaint. Finally, the case will proceed through the discovery process, during which both sides can gather evidence.
After discovery, the case will go to trial, where a judge or jury will decide whether the defendant is liable for your injuries.
If you win your case, you may be awarded damages for your medical expenses, lost wages, pain, suffering, and more.
Why Choose Peck Law Corp?
Protecting your rights in medical malpractice cases is crucial, and one way to do that is to retain the assistance of experienced medical malpractice lawyers.
The Newport Beach medical malpractice attorneys at Peck Law Corp have successfully handled many cases involving negligent health care providers as well as cases related to elder abuse, bedsores, DUI, car accidents, and personal injury. We understand the devastation caused by medical negligence, and we will fight tirelessly to get you the compensation you deserve. We have the experience and resources to investigate your case and build a strong claim.
Get Legal Assistance From a Medical Malpractice Attorney in Newport Beach
If you believe you have a medical malpractice claim, don’t hesitate to get legal assistance as soon as possible. At Peck Law Corp, we understand medical malpractice victims’ challenges.
We’ll help you learn more about your legal rights and options. We’ll also help you build a strong case and fight for your rights.
Contact us today to schedule a free consultation.