PROTECTING THE CONSUMER

Medical Malpractice

Experienced Medical Malpractice Attorney in Valencia CA

Surgical team operating on patient in theater in hospital

Unfortunately, a medical malpractice case is one of the most difficult and challenging cases to pursue. There are many reasons for this which includes the difficulty in proving that a healthcare professional was negligent, the costs associated with pursuing a case, and the public’s inherent perception that as a general rule healthcare professionals are very good at what they do, and should not be held accountable for negligent acts. Couple this with the unfortunate perception that a medical malpractice verdict will increase everybody’s insurance rates, the claimant bringing the medical malpractice case has a very uphill battle.

Furthermore, in the early 1970’s, the California legislature, responding to the cry from medical insurance companies and medical professionals that medical malpractice verdicts were out of control, the legislature responded with a body of laws, known as MICRA, which puts severe restrictions on the recovery for medical malpractice victims. This includes a cap of $250,000 for pain, suffering and emotional distress, regardless of how serious the injury was resulting from the malpractice. (Economic damages such as loss of earnings or medical expenses actually paid by the claimant are still unlimited.) It should be known that this $250,000 cap has not been adjusted for the cost of inflation in over 35 years. If adjusted for inflation, the $250,000 cap would far exceed $1 million dollars.

As a result of the cap, many attorneys are unwilling to accept medical malpractice cases unless the economic damages are quite high. We believe that a victim of a healthcare provider’s negligence should have access to the legal system even on cases that do not approach the $250,000 cap. We therefore undertake selective medical malpractice cases which have values under the $250,000 limit.

Because of the nature of these claims, we are selective in the cases we take, and liability must be reasonably clear. Furthermore, the injury incurred by the victim must be easily proven from the negligence. Our most important criteria for accepting a medical negligence case, however, is that we truly feel that our client is deserving of compensation. The injuries suffered at the hands of a physician to our client must have a substantial impact on the victim’s life. The cases we undertake will therefore be carefully screened for its ability to prove negligence, as well as having a sympathetic client who is likely to win the hearts of a jury. Since the vast majority of medical malpractice cases throughout the state of California are lost at trial, undertaking a medical malpractice case needs investigation prior to even acceptance of the case to insure that the case is provable.

If you are involved in a medical malpractice case in the state of California, don’t take the matter into your own hands and instead contact our experienced medical malpractice attorneys in Santa Clarita. Call 661-222-9929 for an immediate free consultation or complete our contact form.