
You have a right to expect competent and careful medical treatment when you seek care. Medical treatments can fail at times, which results in severe negative outcomes. If you or a loved one were harmed by the negligence of a doctor, a nurse, or a hospital, you may have the right to seek compensation. An experienced Corona medical malpractice lawyer can help you navigate California’s complicated medical malpractice laws and make sure your case is handled with care.
At Belgum, Fry & Van Allen, we serve clients and patients in Corona, Riverside County, and throughout Southern California. We know first-hand how medical mistakes can impact you both physically and emotionally, as well as financially.
If you or a loved one has suffered injury at Corona Regional Medical Center, a local doctor’s office, an outpatient clinic, or even a private physician’s office, we stand up to these medical giants in the Riverside County Superior Court, in downtown Riverside.
Belgum, Fry & Van Allen is an injury law firm with offices in Southern California that prides itself on using experience and fresh perspectives to give clients an edge when they need to take legal action. We are a results-oriented firm that works tirelessly on behalf of our clients, and we have a proven track record of helping clients secure positive results.
Medical malpractice is the term used when a health care professional provides a level of care that falls below the standard and causes harm to the patient. It can happen at the hands of doctors, nurses, surgeons, anesthesiologists, or entire hospitals. Medical malpractice stems from negligent behavior that leads directly to injury or exacerbates a medical condition or creates additional damages.
In order to prove a claim, a Corona medical malpractice attorney must show that a health care provider had a duty to care for the patient, breached that duty, caused the patient to be harmed, and the patient suffered damages. It must also be noted that you typically have three years to file a claim from the date the injury occurred or when you reasonably discovered it.
California ranked first in medical malpractice payouts in 2022. In 2022, there were 648 medical malpractice payment reports made against physicians, totaling over $199 million in payments made. Medical malpractice can occur in numerous ways and locations, including emergency rooms or private practice. Some of the most common examples of medical malpractice include:
These mistakes can have long-lasting emotional, financial, and physical repercussions, but they frequently result from carelessness, misunderstandings, or disregard for established protocols.
Damages for victims of medical negligence include economic and non-economic losses. Economic damages include quantifiable losses like medical expenses, rehabilitation costs, lost earnings, and the cost of future medical care. Non-economic damages are more subjective and can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium or companionship, particularly in a wrongful death claim.
In California, the Medical Injury Compensation Reform Act (MICRA) places a limit on non-economic damages, but there is no cap on economic damages. The cap has been raised several times in recent years to more accurately keep pace with inflation and the true cost of suffering. Your attorney can work with you to calculate and document the full extent of your damages so you can seek the maximum compensation to which you are entitled.
Doctors, hospitals, and insurance companies have large legal teams at their disposal. When you hire a medical malpractice lawyer, you have an advocate fighting to protect your rights. Your lawyer can thoroughly investigate your case, help gather records, and work with witnesses.
They can also communicate with the provider and insurance companies on your behalf. An attorney is also there to make sure all deadlines and filings are met, claims are filed appropriately, and evidence is presented in the right way.
In a medical malpractice claim, the burden of proof is on the plaintiff. You need to demonstrate through preponderance of evidence that the provider failed to meet the standard of care and that this failure directly resulted in your injury. Patients need medical records and professional testimony, along with clear documentation, to establish both negligence and the resultant injury.
The first step is usually to consult with an experienced medical malpractice attorney. Your attorney can examine your medical files to decide if negligence took place and if your case is legally valid. A formal written notice needs to be delivered to the healthcare provider in Corona, CA, before filing a claim to start legal proceedings and safeguard your rights.
California law places a cap on non-economic damages in medical malpractice cases under the Medical Injury Compensation Reform Act (MICRA). These are damages that cannot be calculated based on economic loss, such as pain and suffering. Economic damages, including medical bills, lost income, and other expenses, have no cap. The cap has increased in recent years to more accurately reflect the effects of inflation and the true costs of injury.
Yes, it is possible to file a claim against a city for emotional distress under certain conditions. If a government employee’s negligence or wrongful actions lead to severe psychological harm, a claim can be made.
These cases are complex, often requiring evidence of the city’s or its agents’ negligent or intentional conduct. It is important to consult with an attorney experienced in such cases to navigate special immunities and procedural requirements that may apply to government entities.
Facing medical negligence can severely impact a person’s life. If you or a loved one suffered injury or damage due to negligence, you may be entitled to compensation. Contact Belgum, Fry & Van Allen today to file a claim. We can help you stand up for your rights and receive the justice you deserve.