Malpractice Attorney

A malpractice attorney must be very skilled in a branch of law that entails a number of technical details. Medical malpractice law is intentionally complex: it must separate cases of genuine doctor negligence from frivolous suits that keep good doctors from doing their job. In CA, a statute of limitations exists preventing suits from being filed later than three years after the malpractice or one year after the discovery (barring cases of fraud or deliberate concealment). Damages cannot be higher than $250,000 and attorney's fees are regulated as well. Defendants may be partially liable for non-economic damages, and a doctor is entitled to 90 days notice from an attorney before any suit is filed.

Medical Malpractice Attorneys Must Clearly Establish Negligence

An attorney needs to prove a number of different facts in order to establish medical malpractice. A doctor-patient relationship must have existed before the injury (a doctor who doesn't get informed consent from his patient is definitely liable), the doctor must have caused the injury, and it must have been caused in a way that no reasonable doctor would have ever done under similar circumstances. If the patient wasn't harmed by the medical error, he isn't entitled to damages. Increased tort reform in recent years has made proving medical malpractice much more difficult in an effort to cut down on frivolous lawsuits. A knowledgeable malpractice attorney understands all those factors, and knows when a case of genuine medical malpractice can be made. The Sacramento, CA offices of David Allen & Associates Law has attorneys experienced in medical malpractice suits.