What Are the Odds of Winning a Medical Malpractice Suit in California?

If you or a loved one has suffered because of a mistake made by a healthcare provider, you may be wondering, “What are the odds of winning a medical malpractice suit in California?” The reality is that a number of factors determine success, from the strength of your evidence to California’s medical malpractice laws. Although no two cases are identical, knowing what factors affect your likelihood of success can help you make better decisions.

About Us

The attorneys of Belgum, Fry & Van Allen proudly represent clients in all regions of Southern California. This includes individuals who have filed complex medical malpractice claims. Our legal team has the right mix of experience, strategy, and compassion to handle your case. We have a proven track record against healthcare providers and insurance carriers. We strive to deliver optimal results for our clients while ensuring their confidence as they proceed.

The Importance of Strong Evidence

Evidence is at the core of a medical malpractice claim. You must demonstrate that the care provider failed to adhere to the accepted standard of care, and this negligence was the cause of your injury. The primary components of a medical malpractice case typically include medical records, test results, surgical reports, and medical testimony. In fact, without adequate documentation and professional analysis, even legitimate claims may not win in court.

California’s Medical Malpractice Laws

California medical malpractice laws influence your case. For instance, the statute of limitations provides three years from the date of malpractice to file a claim. If you miss this window, you could lose your right to compensation.

In addition, California places a cap on non-economic damages, such as pain and suffering. This can limit your recovery, even if you win your case. It’s important to have a medical malpractice attorney on your side to navigate these laws.

The Role of Professional Witnesses

In California, almost all medical malpractice claims significantly benefit from professional testimony. Judges and juries turn to medical professionals to explain what should have happened, whether the standard of care was breached, and how that breach caused injury. The professional witness you select determines your likelihood of winning because their quality, clarity, and credibility influence your case’s success.

Settlement vs. Trial

In California, there were 807 adverse action reports for physicians in 2022, and there were 648 medical malpractice payment reports for physicians. There were also 98,430 adverse action reports for all practitioners in 2022.

One thing to keep in mind is that a significant percentage of malpractice cases in California settle and are never actually tried. The risk of unpredictable jury decisions prompts hospitals and insurers to prefer settlements in numerous cases. Settlements provide a guaranteed outcome that can be resolved faster than alternative methods, despite not always reaching the maximum policy limits or full recovery potential.

Location can be a factor as well. Malpractice cases filed in San Bernardino Superior Court or Riverside Superior Court could have different juries, judges, and quirks than other counties. Experience and local knowledge are crucial. Lawyers know the courts, judges, and opposing attorneys, and they can better prepare for obstacles and form a more complete case.

Shared Fault

California is a comparative negligence state, so your award may be reduced if you were partly at fault for your injury. For instance, if a patient disregarded medical advice and aggravated their injury, the court might assign them a percentage of responsibility. This has a direct bearing on the chances of winning and the size of damages that are awarded.

However, this doesn’t automatically bar you from winning. It may simply reduce that amount by your percentage of fault. A skilled attorney can work to minimize any arguments of shared fault.

Why Hire a Medical Malpractice Lawyer?

A California medical malpractice claim demands courage and resilience from whoever decides to pursue it. A competent attorney will gather evidence while hiring professional witnesses before negotiating with insurance carriers and representing your case in trial when necessary.

Under the guidance of a California medical malpractice attorney, you obtain the strongest chance of winning your case. Not only will your lawyer even the odds against the defense, but they will also take the burden of fighting the system off your shoulders.

FAQs

What Is the Average Medical Malpractice Settlement in California?

The amount of a medical malpractice settlement in California depends on the type of injuries, the cost of long-term care, and the available evidence. Simple cases can have very small awards, but there are also high settlements for permanent disability or wrongful death. There is no average amount because every case is different, but settlements will aim to cover both economic and non-economic losses.

What Percentage of Medical Malpractice Cases Settle?

The vast majority of medical malpractice cases are settled before trial. Settlement is attractive to both parties because it allows them to avoid the uncertainty, expense, and duration of a trial. The actual percentage of claims resolved by settlement varies by state and by type of claim, but most malpractice claims end in a negotiated resolution, particularly if liability is clear or both parties have an interest in capping their financial risk.

Is It Hard to Win a Medical Malpractice Case?

Yes, medical malpractice cases are difficult to win on many different levels, which is precisely why you need an experienced medical malpractice attorney on your side to help even the playing field. One must prove the cause and negligence. It usually takes a very complex series of events to prove both, and it requires detailed medical evidence to get into a courtroom.

Do Medical Malpractice Cases Usually Settle Out of Court?

Yes, most medical malpractice claims are settled. Settlements are generally preferred because they resolve cases faster and with lower costs to patients and healthcare providers. In addition, they avoid the uncertainties of jury verdicts. Trials are more common when the damages are high or when liability is contested. The majority of medical malpractice cases reach resolution through negotiated settlements between the involved parties.

Contact Belgum, Fry & Van Allen

If you or a loved one suffered a medical injury due to a professional’s negligence, Belgum, Fry & Van Allen can help. Contact us today to fight for the compensation you deserve.