Medical Malpractice Lawyers

Medical malpractice lawyers understand the statues that govern malpractice in CA. The laws are extremely complex, endeavoring to strike a delicate balance between protecting victims' rights in personal injury cases and allowing good doctors to do their jobs without being constantly threatened with medical malpractice cases.

Medical Malpractice Lawyers Must Prove Negligence

An attorney must prove more than just a failed operation or unsuccessful regimen of drugs. Medicine is not perfect, and treatments which don't work aren't necessarily a sign of a bad doctor. A medical malpractice lawyer must show active negligence on the part of the doctor: harm inflicted after an action which no reasonable doctor would undertake within an atmosphere of trust established through the doctor-patient relationship.

CA medical malpractice laws provide several additional parameters for suits:

• Damages cannot be in excess of $250,000.
• Suit must be filed within three years of the incident, or one year of discovery of the incident, barring cases of active fraud or concealment.
• Lawyers can claim only a certain percentage of the damages as fees.
• Doctors must be informed at least 90 days before a medical malpractice suit is filed.
• The defendant may be liable for non-economic damages in certain cases.

Navigating those particulars takes experience and technical expertise, which tends to scare away personal injury attorneys looking for a quick paycheck. Lawyers who specialize in medical malpractice thus tend to be interested in equitable compensation for victims. Otherwise, they would not focus on such a complex facet of the law. David Allen & Associates Law has offices in Sacramento, CA and can advise clients on medical malpractice cases.