Medical Malpractice Litigation

Medical malpractice claims often involve complex medical issues. Medical experts are almost always required in such cases because usually only a doctor (as opposed to a lay witness) is in a position to testify as to whether or not the defendant doctor (or other health care provider) committed malpractice. At BCB, we are experienced in litigating medical malpractice claims (plaintiff and defense), and know how to simplify complex medical issues so that they can be presented in a convincing manner that can be easily understood. If we set up a meeting with you, we will provide you with an initial 30 minute consultation at no cost to discuss the legal process and your claim.

Following is brief discussion of the types of issues typically encountered in a medical malpractice case.

Claims for medical malpractice usually pertain to actions against doctors and other health care providers for negligent care and treatment resulting in injuries. However, medical malpractice actions may also include other claims such as battery against a health care provider for performing a medical procedure without first obtaining informed consent, for failure to warn of the risks of hazards to a patient from a particular treatment or procedure, or for fraudulently recommending an unwarranted procedure.

The "non-economic" damages (e.g., pain, suffering, inconvenience, physical impairment, and disfigurement) in negligence and possibly other such actions against a health care provider are usually limited to $250,000 (see CA Civil Code ("CC") §3333.2). [Note: this damages limitation, and several other statutes and amendments were enacted as part of the Medical Injury Compensation Reform Act of 1975 ("MICRA") in response to the perceived statewide crisis in the availability and cost of medical malpractice insurance.] There is no such limitation on "economic" damages (e.g., costs of past and future medical treatment and care needed as a result of a doctor's negligent medical care). However, the "collateral source" rule usually does not apply in such cases, which means that the award may be reduced to the extent that medical care, loss of work, etc., has been paid for by insurance or other such means (see CC §333.1(a)).

Frequently, patients sign contracts with their medical care providers which state that claims shall be resolved pursuant to binding arbitration. Such provisions are often enforceable (see CA Code of Civil Procedure ("CCP") §1295), and thus medical malpractice claims are frequently handled through arbitration rather than the court room.

The statute of limitations in a medical malpractice action is often just one year (e.g., see CCP §340.5), and can be shorter (e.g., see CCP §945.6) or longer depending upon the facts and circumstances. Thus, you should not rely on the general information provided herein when making decisions about your case, and you should not delay in consulting with an attorney to determine what particular statutes of limitations apply, and their duration. Whether you are a plaintiff or a defendant, it is important you are represented by experienced, competent, diligent and aggressive counsel in your Medical Malpractice action. Look to BCB to provide you with unparalleled representation in serving you as your Irvine based, Orange County Medical Malpractice Counsel.

Disclaimer:

The above information is intended to provide a very brief overview of some of the issues typically encountered in aforementioned types of cases. We accept no responsibility for the accuracy of the information contained herein. The information contained herein may not reflect changes in the law, and it is necessary to analyze the specific facts of your case and applicable laws to render an appropriate legal opinion. Furthermore, nothing on this website should be construed as legal advice between an attorney and client and you should not rely on the information contained herein when making decision concerning your case. You should consult with an attorney to obtain accurate legal advice regarding your specific situation.