Walnut Creek Medical Malpractice Lawyer

Pocklington Law Offices handle many different personal injury cases, but one of the most fulfilling for us is serving as a medical malpractice lawyer for someone who has been injured while under the care of a doctor or hospital worker.

When you go to the hospital, you expect a certain level of care – to be short, you expect the very best. Unfortunately, this does not always happen. When you find yourself in a situation in which you have been harmed by your medical provider, it is time to contact a medical malpractice attorney. We can help you better determine whether your case is strong enough to lead to victory.

Understanding Medical Malpractice

Walnut Creek Medical Malpractice Lawyer

Standard of Care

The standard of care is simply a term used to describe the accepted practices that every hospital, doctor, and healthcare provider must use when treating a patient. If you are suffering from a particular ailment or disease, your medical practitioner is expected to take a certain course of action. Whether it leads to a cure or a satisfactory outcome is sometimes out of the doctor’s hands. However, he/she must still attempt to do everything within reason to help you.

In California, it is not enough to warrant a lawsuit if your healthcare provider simply fails to apply the best possible treatment for your illness. For example, if you are suffering from cancer and feel that your physician is not giving you all of the best options for recovery, you cannot bring a medical malpractice lawsuit against them.

The key to a medical malpractice lawsuit is that your doctor has taken certain actions that have directly resulted in an injury. An example here might be if you go in for routine surgery and your surgeon makes a mistake – perhaps he/she is not paying attention and causes nerve damage. This is an example of a doctor not upholding the accepted standard of care.

In some cases (particularly in California), medical malpractice can extend to include unnecessary prescriptions or a misdiagnosis, although these cases can be more difficult to prove. Again, this is where a medical malpractice attorney can really help your case.

Damages in a Medical Malpractice Suit

When you discover that you have been injured due to the carelessness of your medical provider, or that your doctor has committed an act that can be considered malpractice, it is important to quickly contact a medical malpractice attorney to put together your case and file it in time.

There is a statute of limitations on filing a medical malpractice lawsuit. In California, you can file a case within one year of discovering the actions of the doctor, or within three years of first experiencing the injury itself – whichever happens first.

What this means is that if you have just had surgery and you know (or think you know) that your doctor has made an error, you should contact a medical malpractice attorney right away. In some cases, though, you do not know right away that something has gone wrong. Sometimes, the symptoms do not appear until months or years down the road.

In that situation, you should contact an attorney as soon as you begin experiencing the injury symptoms. Time is crucial in these cases.

In terms of damages, there are several available types. First, you can seek compensatory damages (also called economic damages). These are the most common type of damages sought, because they seek to recover the costs for medical bills and lost wages due to time away from work. In California, there is no cap on compensatory damages.

Non-economic damages include damages for pain and suffering, physical impairment, or disfigurement. Because they are non-economic damages, California places a cap on the amount: $250,000.

It is also possible to seek punitive damages. These are rare cases, because they seek damages for knowing and reckless behavior by the doctor. This can be challenging to prove, but we have seen cases in which the doctor has purposely and reckless injured a patient. As with economic damages, there are no caps on punitive damages.

Contact Your Local Qualified Medical Malpractice Attorney

If you believe that you have suffered from medical malpractice, it is important that you contact a medical malpractice lawyer as soon as possible. At Pocklington Law Offices, we can help you determine the strengths and weakness of your case and help you take steps to recovering in peace. Give us a call at (925) 295-1304 or fill in the form on this page to schedule a free consultation and case review today.

Our convenient Walnut Creek Location:

37.9076894 -122.0557513