Medical malpractice is an action against a health care provider for professional negligence. In California, professional negligence is defined as a negligent act or omission by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death.
Health care providers have a duty to act within the standard of care. The standard of care is often defined as the degree of learning and skill ordinarily possessed by practitioners of the medical profession in the same or a similar locality, under similar circumstances. The standard of care against which the acts of a health care provider are to be measured is a matter peculiarly within the knowledge of experts and can typically only be proved by their testimony. As a result, it is critical that the correct experts are retained and utilized in a medical malpractice case.
If you have suffered an injury as the result of medical malpractice you are entitled to full and fair compensation. This typically includes both economic and non-economic damages. Economic damages include such things as lost wages, medical bills and future care needs. Non-economic damages include pain and suffering, which is presently capped in California at $250,000.00. In certain circumstances, your lawyer may seek to include a claim for punitive damages against a health care provider whose acts rise to the level of oppression, fraud or malice.
If you believe you may have been the victim of medical malpractice, please call immediately for a free and confidential consultation with a medical malpractice attorney. California law specifically limits the time permitted to commence a lawsuit against a health care provider and it is critical to begin your investigation as soon as you suspect wrongdoing.
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