Medical Malpractice Attorney Oxnard
Medical malpractice has been a serious issue in California. In 2015 alone, there were 464 medical malpractice claims filed in the state. This number has been steadily increasing over the past few years. Oxnard is one of the areas in California where medical malpractice is a problem.
If you or a loved one have been the victim of medical malpractice in Oxnard, it is important that you seek out the best legal representation possible. Peck Law Corp is a law firm with over 25 years of experience handling medical malpractice cases in the area. We have a proven track record of success in obtaining favorable outcomes for our clients, and we are dedicated to fighting for the compensation you deserve.
Medical malpractice can take many different forms, and our attorneys have the experience and knowledge to handle any type of case. Whether you were misdiagnosed, suffered an injury during surgery, or received substandard care from a medical professional, we will work tirelessly to get you the justice you deserve. We will review your case and advise you on the best course of action. Call us today at 1 (820) 667-7325 to get in touch with experienced Oxnard medical malpractice attorneys.
Experienced Medical Malpractice Attorney in Oxnard, CA
The term "medical malpractice" is a legal term that refers to professional negligence by a health care provider. This can include doctors, nurses, dentists, and other medical professionals. If a patient is harmed as a result of this negligence, they may be able to file a lawsuit.
Medical malpractice is a complex area of law that requires the expertise of an experienced attorney. If you or a loved one has been the victim of medical malpractice, it is important to seek legal help as soon as possible.
Here are the most common types of medical malpractice cases:
Misdiagnosis
Delayed diagnosis
Surgery errors
Birth injuries
Anesthesia errors
Prescription drug errors
If you believe that you or a loved one has been the victim of medical malpractice, it is important to speak with an experienced attorney who can help you investigate your case and secure the compensation you deserve.
Statute of Limitations for Medical Malpractice Cases
The statute of limitations is the time period during which a legal claim may be filed. In California, the statute of limitations for medical malpractice cases is two years from the date of injury or one year from the date that the plaintiff discovers, or should have discovered, the injury. However, there are exceptions to this rule, so it is important to consult with an experienced attorney to determine the applicable deadlines in your case. If you miss the deadline, your claim will likely be barred and you will be unable to recover damages for your injuries.
*Exceptions*
If the plaintiff is a minor, they have until their 20th birthday to file a medical malpractice lawsuit. If the plaintiff is mentally disabled, they have until their disability is removed to file a lawsuit.
There is also a "delayed discovery" exception, which allows plaintiffs to file a lawsuit up to one year from the date they discovered or should have discovered their injury, regardless of when the actual injury occurred. This exception is typically only used in cases where the injury is not immediately apparent, such as when it is caused by a foreign object left inside the body during surgery
Finally, there is an "equitable tolling" exception, which can extend the statute of limitations in cases where the plaintiff was prevented from filing a lawsuit due to circumstances beyond their control. For example, if the defendant destroyed evidence that would have been used to prove the plaintiff's case, the statute of limitations may be extended.
It is important to note that these exceptions are narrowly interpreted by courts and must be plead with particularity in order to be successful. If you believe you have a medical malpractice case, it is best to speak with an attorney as soon as possible to ensure that your claim is filed within the applicable statute of limitations.
Calculating Damages for Medical Malpractice
There are two types of damages that may be awarded in a medical malpractice case: economic and non-economic damages.
1. Economic damages
These are intended to compensate the victim for financial losses that have been incurred as a result of the malpractice. This can include things like medical bills, lost wages, and future earnings.
2. Non-economic damages
These are intended to compensate the victim for intangible losses that have been incurred. This can include things like pain and suffering, emotional distress, and loss of enjoyment of life.
Need Help Calculating Damages?
The amount of damages that may be awarded in a medical malpractice case will vary depending on the specific facts and circumstances of each case. However, there are some general guidelines that courts often use when calculating damages.
For economic damages, courts will typically consider the victim's actual financial losses. For non-economic damages, courts will typically consider the victim's age, health, and life expectancy. The court may also consider other factors, such as the severity of the malpractice and the impact it has had on the victim's life.
When calculating damages for a medical malpractice case, we recommend speaking with an experienced attorney who can help ensure that you are fairly compensated for your losses.
The Elements Required To Prove a Case
When it comes to medical malpractice cases in California, plaintiffs must be able to prove four elements in order to succeed in their claim. First, the plaintiff must show that the defendant owed them a duty of care. Second, the plaintiff must show that the defendant breached this duty of care. Third, the plaintiff must show that they suffered damages as a result of the breach. Fourth, and finally, the plaintiff must show that the damages were caused by the breach. If the plaintiff is able to prove all four of these elements, then they may be successful in their medical malpractice case.
1. Duty of Care
In order to prove that the defendant owed the plaintiff a duty of care, the plaintiff must first show that there was a doctor-patient relationship between the two parties. This relationship can be established in a number of ways, but typically it is done by showing that the defendant was the plaintiff's treating physician. Once this relationship has been established, the plaintiff must then show that the defendant breached their duty of care.
2. Breach
One of the most important elements that must be proven in order to succeed in a medical malpractice case is the element of breach of duty. In order to show that the defendant breached their duty of care, the plaintiff must be able to show that the defendant did not act in a way that a reasonable person would have acted in the same situation. For example, if a doctor fails to order a necessary test or procedure that another reasonable doctor would have ordered, then the plaintiff may be able to show that the doctor breached their duty of care.
If the plaintiff is able to show that the defendant breached their duty of care, then they will need to show that they suffered damages as a result of the breach. The damages that the plaintiff suffers must be a direct result of the breach in order for the plaintiff to be successful in their claim.
3. Damages
In order to succeed in a medical malpractice case, the plaintiff must be able to show that they suffered damages as a result of the defendant's breach of duty. The damages that the plaintiff suffers can be either physical or emotional. Physical damages are those that involve some type of injury to the body, while emotional damages are those that involve some type of psychological injury.
4. Damages Caused by Breach
One of the most important things to remember when it comes to damages in a medical malpractice case is that the plaintiff must be able to show that the damages were caused by the breach. This means that if the plaintiff suffers an injury that would have occurred even if the defendant had not breached their duty of care, then the plaintiff will not be able to recover damages for that injury.
For example, if a plaintiff suffers an injury as a result of a car accident, but the car accident would have happened even if the defendant had not breached their duty of care, then the plaintiff will not be able to recover damages for that injury in their medical malpractice case.
However, if the plaintiff can show that the damages they suffered were caused by the defendant's breach of duty, then they may be successful in their claim.
Steps to Filing a Medical Malpractice Case
If you or a loved one has been the victim of medical malpractice in California, you may be wondering how to file a claim. The process can be complicated, but our experienced team at Peck Law Corp can help.
Here is a summary of the steps involved in filing a medical malpractice case in California:
1. Determine if you have a case. In order to file a successful medical malpractice claim in California, you must be able to show that the health care provider’s negligence caused you harm. This requires evidence and expert testimony.
2. Find the right attorney. Not all attorneys handle medical malpractice cases, so it’s important to find one with experience in this area of law.
3. File a complaint with the Medical Board of California. This is required by law and must be done within one year of the date of the incident.
4. Serve the health care provider with the complaint. This can be done by certified mail or in person.
5. The health care provider has 30 days to respond to the complaint.
6. If the case is not resolved at this point, it will go to trial.
If you have been the victim of medical malpractice, don’t hesitate to get in touch with our team today. We can help you navigate the legal process and get the compensation you deserve.
Why Choose Peck Law Corp?
When it comes to finding the right law firm to handle a medical malpractice case in California, there are many factors to consider. But when it comes to choosing Peck Law Corp, there are several key reasons that set us apart from the rest.
First, our team of experienced attorneys has a proven track record of success in handling these types of cases. We have a thorough understanding of the laws and regulations surrounding medical malpractice, and we know how to build a strong case on behalf of our clients.
Secondly, we are committed to providing personal attention to each and every one of our clients. We understand that this is a difficult and stressful time for you, and we will be by your side every step of the way.
Finally, we have the resources and experience to handle even the most complex medical malpractice cases. We have access to the best experts in the field, and we will work tirelessly to get you the compensation you deserve.
Get Legal Assistance From a Medical Malpractice Attorney in Oxnard
If you or someone you love has been a victim of medical malpractice, we urge you to contact us today. The Peck Law Corp has a proven track record of success in these types of cases and can fight for the compensation you deserve. We will provide a free, no-obligation consultation to discuss your case and answer any questions you may have.
Don’t wait – call Peck Law Corp today.