Contrary to the popular belief, your doctor’s refusal to pay compensation in a medical malpractice lawsuit is not the worst thing that can happen to your claim.
It is being fooled by certain medical malpractice misconceptions that are truly the worst thing that can happen to your case after getting injured due to a medical or surgical error.
Abiding by misconceptions can not only throw a monkey-wrench into your suit but also minimize the value of your compensation. Today, we asked our California medical malpractice attorney to debunk some of the most common misconceptions that still exist in California.
Myth #1: I Can Pursue A Medical Malpractice Claim Even If There Is No Injury
If you have not been injured in what you perceive to be negligence, recklessness, or lack of action on the part of your doctor, surgeon, nurse, or another healthcare provider, there can be no claim.
Our best medical malpractice lawyers in California at the Licata & Yeremenko, A Professional Law Corporation explain that just because you are dissatisfied with the outcome of your surgery or medical treatment – or for any other reason want to sue the hospital – you may not be entitled to medical malpractice compensation unless you have been injured or suffered harm.
Bottom line: California medical malpractice laws entitle you to compensation only if there is negligence on the part of a medical professional or hospital, and only when that negligence causes injury or harm.
Myth #2: Pain And Suffering Does Not Count As ‘Injury’ When Seeking Damages For Medical Errors
Depending on the circumstances of your particular case and the expertise of your California medical malpractice lawyer, you will most likely be able to recover damages for pain and suffering, enduring hardship and constant pain, caused by a medical or surgical error.
Myth #3: You Cannot Sue A Surgeon If He Demonstrated A High Standard Of Care During The Surgery
You can bring a lawsuit against your surgeon or any other medical professional for failing to adhere to established medical practice guidelines such as seeking informed consent before surgery or complex medical treatment that bears certain health risks. For example, if your surgeon did not inform you about a procedure that involved a 25 percent risk of losing a hand, and you ended up losing your hand after the procedure, the surgeon may be held liable under California’s medical malpractice laws even if he performed the surgery perfectly.
Bottom line: Any healthcare provider in California has a legal duty to act as a reasonable and skillful professional within his or her profession. Meaning: If a doctor does not do would other doctors would have done in similar circumstances, he/she may be held liable.
Myth #4: I Can Recover Damages Immediately After Filing A Medical Malpractice Claim
Seeking compensation for your injuries and damages caused by a negligent medical professional is a rather long process, our California medical malpractice attorney at the Licata & Yeremenko, A Professional Law Corporation Professional Law Corporation warns.
After you file a lawsuit in a court of law alleging medical malpractice and seeking to recover a specified sum of money, which will be determined by your lawyer after a thorough examination of your case, the legal process can last months or even years.
Typically, those who are legally represented by lawyers are more successful at obtaining compensation either through a verdict or settlement (out of court) faster than those who choose to ignore the importance of legal representation in medical malpractice cases.
Be warned that you will be requested to provide the court with a plethora of documents, depositions, recorded statements, evidence proving four elements of your claim, as well as interrogatories, before being awarded compensation.
Let our skilled medical malpractice lawyers at Licata & Yeremenko, A Professional Law Corporation handle your claim while you focus on your recovery. Get a free consultation about your case by calling our Sherman Oaks offices at 818-783-5757 or fill out this contact form.