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Why Is Filing a Medical Malpractice Suit Hard?

On Behalf of | Apr 6, 2019 | Medical Malpractice

The legal world is hard to describe. Unfortunately, it isn’t always about finding the right from the wrong. Medical Malpractice is proving that a caretaker breached a duty of care. In order to create a successful case, you need a team of legal assistants who have the education and patience to carry you through the process. Our California medical malpractice attorneys at Licata & Yeremenko, A Professional Law Corporation have worked with the community since 2000. We have worked with clients to ensure that they received justice from the negligence of medical caretakers. We understand that financial compensation cannot undo or erase what you went through or are currently going through. We understand that going through the process of a long civil suit can be tiring, but we are in it to win it. We are here for the long haul.

Understanding Medical Malpractice

Medical malpractice suits can be long and hard to prove. They are very long and time-consuming because all medical files have to be combed through as well as expert medical witnesses must be heard and cross-examined. However, these cases aren’t hopeless—they just don’t make it to court. About 90% of all medical malpractice suits reach settlements before they head to trial. The average payout is about $353,000. This number accounts for medical malpractice caps.

California is a very progressive state, but they still have a cap on how much a victim can receive in non-economic damages. According to the Medical Injury Compensation Reform Act, the limit for non-economic damage is $250,000. The government reason behind this kind of cap was to lower the premiums doctors and medical facilities would have to pay for insurance. It was a way for them to manage their losses ahead of time. However, for the victim, this means that you need strong advocates on your side to ensure that you get max non-economic damages as well as economic damages.

Economic damages are considered your loss of job, pain, and suffering, potential future losses caused by medical negligence. These can be indefinable, but our medical malpractice lawyers have found ways to quantify what you would have if you weren’t injured.

Who Can Sue?

Essentially you, the victim, must file the lawsuit. However, if you are incapable of doing so because of the injury or if you are a minor then whoever has power of attorney can file a medical malpractice suit. Typically family members such as parents, grandparents, or siblings have power of attorney.

What To Do?

The first thing you should do is consult with your doctor about what went wrong. Then you should seek legal assistance. Consulting with your doctor provides an opportunity to clarify what happened. It does not mean that you are still not able to file a suit. Call 818-783-5757 or click here for a free consultation with our attorneys at Licata & Yeremenko, A Professional Law Corporation in California today. We are ready to hear your case and help you start the long, but hopeful process of a medical malpractice suit.