Medical Malpractice

How to Determine If You Have a Claim Against Your Doctor

If you have been injured in the course of your medical treatment, or you believe your doctor acted negligently, recklessly, fraudulently or maliciously, you may have a claim for compensation. This is known as a medical malpractice claim. While many people may think they have a medical malpractice lawsuit for every mistake their doctor makes during treatment, this may not be true. The truth is, a medical malpractice case...
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Prop 46: Bringing Justice to Injured Patients

Preventable medical mistakes and errors cause approximately 440,000 deaths every year in the United States, making it the nation’s third leading cause of death behind only cancer and heart disease. Although mistakes and errors are made in any profession, medical negligence can seriously impact the life of the patient and even result in death. Patients who are injured as a result of the medical negligence have the option of...
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The California Cap in Medical Malpractice Claims: What About Inflation?

The unfair low limits on pain and suffering awarded in a California medical malpractice lawsuit has been under controversy for years. While the simple fix would be to simply remove the low cap on the reward, few things of genuine importance are simple in California’s Capitol. As California’s law still stands, a victim of medical negligence may only be awarded a maximum of $250,000 for pain and suffering. Although...
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Elements of a Medical Malpractice Claim

Medical negligence is a stain on an otherwise selfless medical profession. Millions of patients visit their doctors each year without any problems. Doctors and other medical professionals dedicate more than 30 years of their lives studying and work long hours to treat and cure sick individuals. But the fact remains that medical negligence does happen and the consequences are life altering. If you have been injured due to the...
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Medical Malpractice: What’s the Statute of Limitations for Filing an Action?

In general, individuals who believe that they have been exposed to medical misconduct of some sort such that they sustained an injury will have three years from the date of the injury to file a medical malpractice lawsuit.  However, as any Los Angeles medical malpractice lawyer can tell you, in cases where the medical malpractice action is based on the existence of a foreign object that is later found...
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Medical Malpractice: What’s the Statute of Limitations for Filing an Action?

In general, individuals who believe that they have been exposed to medical misconduct of some sort such that they sustained an injury will have three years from the date of the injury to file a medical malpractice lawsuit.  However, as any Los Angeles medical malpractice lawyer can tell you, in cases where the medical malpractice action is based on the existence of a foreign object that is later found...
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After an Independent Medical Exam

Sometimes, your personal injury claim will require an independent medical exam. If your Orange County personal injury attorney or the insurance company deems that such an exam is appropriate in determining the extent of your injuries, a third party will come in to perform the examination. Afterwards, you should speak with your attorney immediately, while the details of the examination are still fresh in your mind. This becomes especially...
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Undergoing an Independent Medical Exam

If you are involved in a personal injury lawsuit with an insurance company, you may be asked to undergo an “independent medical examination” by the insurer. You may wonder what the purpose of this is supposed to be and whether it will harm your case. An Irvine personal injury attorneywill be able to answer your questions.In the past several years, IMEs have become much more common, especially in cases...
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Elements of an Orange County Medical Malpractice Action – Part 2

For you or your Orange County medical malpractice attorney to bring an action against a health care professional, you must prove the four elements of duty, breach, causation, and damages. Duty and breach of duty were discussed previously in Elements of an Orange County Medical Malpractice Action, Part 1. In this article, we will discuss the two remaining elements: causation and damages. Causation is a more complicated element than...
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Elements of an Orange County Medical Malpractice Action – Part 1

Medical malpractice is a form of negligence. An Orange County medical malpractice action is taken against a health care professional. Most commonly, the professional who is targeted in a medical malpractice action is a doctor or physician, but such an action can also be taken against a nurse or a physician’s assistant, or anyone involved in providing medical care to patients. There are four elements of a medical malpractice...
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