Ontario Medical Malpractice Lawyer

Medical Malpractice Attorney in Ontario, CA

When you go to the doctor, the hospital, or another health care provider, you expect to receive safe, competent care. However, mistakes can still occur, and a person can suffer severe, life-altering injuries. If you or a loved one has been injured due to medical negligence, you may be entitled to bring a claim with the assistance of an Ontario medical malpractice lawyer.

About Belgum, Fry & Van Allen

At Belgum, Fry & Van Allen, we serve clients in Ontario and throughout San Bernardino County who have been injured as a result of a preventable medical error. We know that medical malpractice can have a devastating physical, emotional, and financial impact on you and your family, and we are here to help guide you through the legal process to protect your rights.

We step in as your ally, whether your injury occurred at a local hospital, an outpatient clinic, or a private physician’s office. You can count on us to represent you at the San Bernardino County Superior Court, serving Ontario and the neighboring communities.

What Is Medical Malpractice?

Medical malpractice is when a medical professional falls below the accepted standard of care and causes harm. It can be an error by a doctor, nurse, surgeon, anesthesiologist, or even the hospital. The error must have caused an injury or made the victim’s condition worse to be considered malpractice. Poor outcomes are not always malpractice.

A valid medical malpractice claim requires proof that negligence resulted in either new injuries or the worsening of existing conditions. A lawyer must prove that the provider had a duty of care, breached the duty of care, caused an injury, and that the injury led to damages. An experienced Ontario medical malpractice attorney can acquire medical records and consult professionals to build a strong case against the negligent party.

Medical Malpractice Laws

California medical malpractice laws aim to balance the rights of patients with the protection of healthcare providers. One important rule is the statute of limitations, which requires a claim to be filed within three years of the injury or one year from the discovery of the injury.

California has enacted limits on non-economic damages. Under the Medical Injury Compensation Reform Act (MICRA), the state has a cap on the award for pain and suffering, while still allowing recovery for economic losses, such as medical bills and lost wages.

Under California’s pure comparative negligence system, the patient’s compensation might decrease if their own actions contributed to their injury. You may still be able to recover, but it would be reduced by your percentage of fault.

Examples of Medical Malpractice

In 2022, there were 807 adverse action reports against physicians in California. Six hundred forty-eight medical malpractice payment reports were made against physicians. A reported 98,430 adverse actions were filed against all practitioners.

Medical malpractice can occur in a number of ways, including:

• Surgical errors
• Misdiagnosis
• Delayed diagnosis
• Medication errors
• Anesthesia errors
• Birth injuries

Medical malpractice can also occur if the medical professional fails to perform required follow-up treatment and check-ups or fails to monitor a condition that ends up getting worse. This can leave a lasting impact on the patient and their families.

Damages in a Medical Malpractice Case

Victims of medical malpractice can recover both economic and non-economic damages. Economic damages cover easily quantifiable damages that can be proven with bills, invoices, and other documented evidence, such as medical bills and lost wages.

Non-economic damages cover those that cannot be easily quantified, but are given based on the unique details of the case and how the injury has affected your life. Examples of this include pain and suffering, as well as the loss of enjoyment of life. In wrongful death cases, damages can also include loss of companionship and funeral expenses.

Why Hire a Medical Malpractice Lawyer?

Medical malpractice claims are often complicated and require an in-depth understanding of medical records and terminology. They also involve technical and complex legal issues and concepts that require special legal knowledge. Due to the complexity of these cases, it is essential to hire a medical malpractice lawyer.

Medical malpractice lawyers in Ontario are responsible for making sure all legal deadlines are met, all forms and notices are filed correctly, and all evidence is properly obtained and preserved. Your Ontario medical malpractice attorney can also communicate with the doctors, nurses, hospital, insurance companies, and other healthcare providers involved in your care and make sure the claim is filed within the legal time limits.

FAQs

What Is the Average Amount of Most Medical Malpractice Settlements?

Medical malpractice settlement amounts vary depending on the circumstances. Some common factors affecting the settlement value include the severity of the injuries, the clarity of the evidence of negligence, and the long-term impact on the patient’s life. Minor injuries may result in relatively low settlements, while serious or permanent injuries can lead to higher compensation.

What’s the Difference Between Medical Malpractice and Negligence?

Negligence is a legal term that refers to a failure to exercise reasonable care or skill in a given situation, which causes harm to another person. Medical malpractice can be defined as a type of negligence that is specific to healthcare providers. In other words, medical malpractice is a form of negligence that is specifically targeted at medical professionals.

How Much Money Can You Claim for Pain and Suffering?

The amount of money you can claim for pain and suffering is subject to a cap under the state’s Medical Injury Compensation Reform Act, commonly known as MICRA. The amount of pain and suffering damages that a victim can recover will depend on the severity of the injury and the extent to which it affects their daily life.

What Are the Odds of Winning a Malpractice Claim?

Winning a medical malpractice case can be difficult, as these cases often involve complex medical facts and require a high burden of proof to establish negligence. The chances of winning a medical malpractice case largely depend on the strength of the evidence provided. Cases where there is clear documentation of the healthcare provider’s error and a direct link between the error and the patient’s injury may have a higher likelihood of success.

Contact Belgum, Fry & Van Allen Today

If you were injured or suffered damages due to a medical professional’s negligence, Belgum, Fry & Van Allen can help you seek the compensation you deserve. Contact us today to start fighting for your future.