CA Medical Malpractice Attorney

A CA medical malpractice attorney needs to be well versed in the laws of California that are applicable in malpractice cases. Medicine is not an exact science. Not every procedure is successful and a failure to heal doesn't necessarily mean an incompetent doctor. The CA laws define medical malpractice very strictly, with rules about how a lawsuit may be applied. The intent is to protect good doctors while targeting bad ones and to keep settlements in the range of fair and equitable treatment under the law.

In order to prove medical malpractice in CA, an attorney needs to establish negligence, which is defined as a tort or civil wrongdoing. There needs to be a direct doctor-patient relationship involved in which the patient has spoken to the doctor about the condition in question. The patient must have been harmed as a result of the doctor's actions, and they must be actions that no reasonable doctor would have attempted under similar circumstances. If a lawyer can show all of that, then it may be a case of medical malpractice and damages may be assessed.

Fees for Medical Malpractice Attorneys Are Restricted Under CA Law

California places certain other limits on malpractice suits. Damages are limited to $250,000 and lawyers may only retain a certain percentage of settlements. The intent is to keep the money from being gobbled up in legal costs and to ensure instead that it is used to help the patient get back on his feet. David Allen & Associates Law has attorneys in Sacramento, CA and elsewhere with experience in medical malpractice cases.