Riverside Medical Malpractice Lawyer

Medical Malpractice Attorney in Riverside, CA

When you put your life in the hands of a doctor, a hospital, or another health care provider, you expect professionalism, accuracy, and care. Even experienced healthcare workers sometimes commit mistakes that result in severe injuries, which drastically change patients’ lives. If you or a loved one has been harmed by a medical provider’s negligence, a Riverside medical malpractice lawyer can help you fight for the justice and compensation you deserve.

About Belgum, Fry & Van Allen

Belgum, Fry & Van Allen is a leading personal injury law firm in Southern California. We are focused on making our clients successful. We have a proven record of success against careless defendants and their insurance companies. Belgum, Fry & Van Allen proudly serves injured patients in Riverside County and throughout Southern California.

Our Riverside medical malpractice attorneys understand the impact that medical negligence has on your life, and they are here to help you with your claim. If you were injured at Riverside Community Hospital, Parkview Community Hospital, or another facility in the area, we are ready to stand up for your rights in the Riverside County Superior Court in downtown Riverside, on Main Street.

Understanding Medical Malpractice in Riverside

Medical malpractice is what happens when a doctor or another healthcare professional fails to provide the accepted standard of care and causes harm to a patient. A medical malpractice claim can involve almost anyone in the healthcare industry, including physicians, nurses, surgeons, pharmacists, and medical facilities.

Typical cases involve surgery errors, anesthesia errors, birth injuries, medication errors, or failure to order treatment. However, poor outcomes don’t necessarily equal malpractice. Some unfortunate incidents arise as a result of normal risks associated with medical care. For medical malpractice, you have to prove the following: 

• You were owed a duty of care by the medical professional.
• The professional was negligent, which caused them to breach their duty.
• This breach directly caused your injury.
• You suffered measurable damages as a result (such as additional medical expenses).

Proving this typically requires evidence that may be hard to obtain on your own. A lawyer can help you gather the evidence you need to file a medical malpractice claim.

Medical Malpractice Laws in California

California has enacted a series of laws that cover all the aspects of a medical malpractice case, including how, when, and under what circumstances you can file a claim. These statutes include time limitations, procedural rules, and caps on damages.

The California Code of Civil Procedure section 340.5 specifies that you have three years from the date of injury or one year from when you discovered or should have discovered the injury through reasonable diligence to bring forward a medical malpractice legal action.

If you do not file within the applicable time period, you are barred from filing your claim. For claims on behalf of children under the age of six, the claim must be brought within three years of the date of the malpractice or before the child’s eighth birthday, whichever is longer.

Two exceptions that pause the filing deadline include situations where the healthcare provider hides their mistake through fraudulent actions or when they leave a foreign object inside a patient after surgery.

Damage Caps

In California, in 2022 and 2023, there was a high number of medical malpractice claims made in the state. California was the state with the highest number of claims, at 5,313. According to Riverside County, there was a projected cost of $19,341,633 for 2023/2024 in medical malpractice claims. The closed claims costs equaled $23,758.

California’s Medical Injury Compensation Reform Act (MICRA) has capped damages for non-economic losses, like pain and suffering or loss of enjoyment of life, at $250,000 for many years. After nearly 50 years, these limits are finally being lifted due to new legislation called Assembly Bill 35 (AB 35).

These limits will rise every year until 2034. Keep in mind, these are just the caps for non-economic damages. There are no caps on economic damages, which include extra medical costs, lost income, or future loss of earnings.

FAQs

What Are the Odds of Winning a Medical Malpractice Claim?

Unfortunately, the odds of winning a medical malpractice claim are not always high, especially without legal assistance. These cases are complex and typically involve a great deal of professional witness testimony and medical evidence. Outcomes depend on a variety of factors, including the quality of your records and evidence, the clarity of the provider’s negligence, and the ability of your attorney.

How Do I File a Claim for Medical Malpractice in Riverside, CA?

To file a claim for medical malpractice in Riverside, CA, you must give written notice to the healthcare provider. Your lawyer will then obtain medical records, consult with industry professionals, and file your claim in court. Be sure to act fast since California has a strict time limit for filing medical malpractice claims, and doing so outside of the timeline can result in you not being able to recover damages, no matter how strong your case is.

What Is the Average Medical Malpractice Settlement in California?

Medical malpractice settlements in California can range widely based on the specific circumstances of each case. The severity of the injury, coupled with the clarity of negligence and the long-term impact on the patient’s life, determines the outcome.

Generally, cases involving serious injuries or permanent harm tend to have higher settlement values. As each case is unique, it’s important to discuss the potential value of a specific claim with an experienced medical malpractice lawyer.

How Much Does It Cost to Get a Lawyer for Medical Malpractice?

California medical malpractice lawyers usually work on a contingency fee basis, so you do not pay costs up front. Instead, the lawyer’s fee is a percentage of the final settlement or award if they win the case. This means patients can seek justice without financial risk, as the lawyer only gets paid if they are successful.

Hire a Medical Malpractice Lawyer

If you or a loved one suffered injuries and loss due to the negligence of a healthcare provider, hire a medical malpractice lawyer at Belgum, Fry & Van Allen today. We can help you get the compensation you deserve. Contact us today for a consultation.