Medical Malpractice

A case for medical malpractice is more than a surgical procedure that doesn't work or a treatment which fails to heal. For all the advances made in medicine, it still can't perform miracles and some maladies may be beyond even the best doctors. Medical malpractice constitutes a specific set of circumstances in which a doctor demonstrated abject negligence in handling a patient. The patient must prove that a viable doctor-patient relationship existed (in other words, that he talked directly to the doctor at length about the procedure), that the doctor performed an action or actions that no reasonable doctor would have done, and that those actions resulted in a genuine injury. If those can be proven, then the doctor's behavior constitutes a tort, which means that a personal injury attorney can petition the courts for a financial settlement.

California Has Guidelines for Medical Malpractice

Most state legislatures place limits on medical malpractice suits, which are intended to prevent frivolous cases and to let good doctors do their jobs. In California, civil procedure must begin no later than three years after the injury or one year after discovery, barring cases of fraud or deliberate concealment. Damages are limited to $250,000 and defendants may be liable for non-economic damages. California also allows voluntary arbitration contracts, which can settle the case before it goes to court. A personal injury attorney will be aware of state specifics on medical malpractice laws and can address a client's case accordingly. David Allen & Associates Law has offices in Los Angeles, CA that handle medical malpractice cases.