Medical Malpractice Attorneys

California Medical Malpractice and Wrongful Death Attorneys

Compassionate California Law Firm Helps Families Hurt by Medical Malpractice and Wrongful Death Obtain Justice

Few personal injury accidents are so jarring and traumatizing as medical errors and those injuries that result in the sudden and unexpected death of a loved one. These incidents strike us and our families in a moment where we may feel most comfortable and secure: no one, for example, would expect that a trusted family doctor or educated and experienced surgeon would be the one to shorten our loved one’s lifespan or misdiagnose an obvious condition and cause our loved one to undergo costly and painful treatments that are of no benefit. Similarly, it is unfathomable that one person’s careless or reckless decision could take our loved one’s life suddenly and without any forewarning.

During times of grief and stress brought on by medical malpractice and/or a wrongful death, the last things on your mind are your legal rights and how they might be protected. Yet your family’s financial future and security may very well depend on your decision to exercise your legal rights and seek compensation for your and your family’s losses. Harrison | Kristopher, LLP is able to ensure your legal rights are protected so you can focus on your physical and emotional well being. Contact us today.

What is Medical Malpractice in California?

Simply put, medical malpractice occurs in California any time a doctor, surgeon, anesthesiologist, or other medical professional tenders care to a patient that is of such poor quality that no other similarly-situated and reasonable medical professional would have provided such care to the patient. In other words, an act of medical malpractice does not occur simply because:

• A doctor made an incorrect diagnosis when other reasonable doctors could have easily made the same mistake;
• A surgeon attempts a procedure, but despite the surgeon’s skill and care the procedure does not produce the intended benefit for the patient;
• The patient is harmed in an unexpected and unforeseen manner that could not have been detected by medical personnel.

In many medical malpractice cases, establishing that your doctor, surgeon, or other medical professional provided you or your loved one with unreasonably subpar care requires (at a minimum) testimony from one or more expert witnesses who are intimately familiar with the California medical community’s standards of care and who can evaluate your or your loved one’s medical records and render a persuasive and authoritative opinion as to the level of care you or your loved one received.

What is a Wrongful Death Lawsuit in California?

A wrongful death lawsuit is filed after a loved one has been suddenly and unexpectedly killed in an injury accident that came about because of another person’s careless or reckless acts. The precise circumstances that lead to the victim’s death are not necessarily determinative in establishing whether a wrongful death lawsuit can be filed; thus, a wrongful death lawsuit may be appropriate if a loved one is killed:

• By a drunk or distracted driver;
• In a workplace accident that is the result of defective equipment;
• After slipping and falling down a defective staircase or as the result of a wet floor.

Much like a personal injury victim must establish that another person’s careless actions were the cause of his or her injuries, so too a wrongful death plaintiff must establish that the allegedly at-fault party’s careless or reckless conduct was the cause or a significant cause of the plaintiff’s loved one’s death.

Unlike traditional personal injury cases, though (which are typically brought by the injury victim him- or herself), the victim in a wrongful death lawsuit is (for obvious reasons) unable to file and pursue a wrongful death action him- or herself. Instead, wrongful death actions are filed and prosecuted by individuals who have a close familial relationship with the decedent.

What Compensation Can I Get Through a Medical Malpractice or Wrongful Death Lawsuit?

Like other types of California personal injury lawsuits, successful medical malpractice suits can result in monetary damages awards whose purpose is to compensate the injured patient for his or her medical expenses and treatment costs, lost wages, and other economic injuries. The medical malpractice injury victim may also be able to recover up to $250,000 for any pain, suffering, or loss of enjoyment of life he or she might have experienced.

In a wrongful death lawsuit, the individual bringing the lawsuit is attempting to recover damages to cover those expenses and losses experienced by the decedent as well as the surviving family members. Not only can this include medical expenses incurred and pain and suffering experienced by the decedent before his or her death but also the funeral expenses, lost future wages, loss of consortium, and mental pain and anguish.

How Long Do I Have to File a Medical Malpractice Suit or Wrongful Death Lawsuit?

In most cases, a medical malpractice lawsuit must be brought within one year of the date that the patient first discovers (or should have discovered) the injury. That being said, a medical malpractice case cannot ordinarily be brought more than three years after the injury occurred, regardless of when the injury was discovered. So, for example, if an act of medical negligence occurred in 2017, the patient would have until 2020 to file his or her lawsuit. If he or she discovered the injury between 2017 and 2020, then he or she would have one year from the date of discovery to file his or her lawsuit.

Wrongful death lawsuits in California must generally be filed within two years of the date of the decedent’s death (although there are certain exceptions that may apply if the cause of the decedent’s death is not known or easily determinable).

Contact Your California Medical Malpractice and Wrongful Death Attorney Today

Harrison | Kristopher is committed to assisting you and your family in obtaining the compensation you need and deserve after an act of medical malpractice or a wrongful death incident that takes the life of your loved one. Contact us today.