San Bernardino Medical Malpractice Lawyer

Medical Malpractice Attorney in San Bernardino, CA

When you go to a medical professional in San Bernardino, you expect that you will be left in good hands and come out better than when you walked in. Unfortunately, this is not everyone’s story. Sometimes a care provider operates in negligence, and it causes the patient harm, injuries, or even death. When this happens, a San Bernardino medical malpractice lawyer can help you get the compensation you deserve for your damages.

About Belgum, Fry & Van Allen

At Belgum, Fry & Van Allen, we are not your typical law firm. We are passionate advocates who represent our clients throughout Southern California. Our team of experienced attorneys has decades of combined experience that’s driven by a healthy mix of experience, strategy, and compassion.

Your case will be handled by a skilled San Bernardino medical malpractice attorney who can provide guidance from the beginning and answer your questions. We have a proven track record of success against defendants and their insurance carriers, but we pride ourselves on truly having our clients’ interests in mind. Our commitment extends beyond compensation to securing justice and peace of mind while achieving fair outcomes for our clients.

The San Bernardino Justice Center, the county’s largest courthouse and the venue for civil, criminal, and family law cases, may hear your case if it goes to trial.

Understanding Medical Malpractice

Medical malpractice is when a health care provider does not perform up to the accepted standard of care in the medical community, and a patient is injured as a result. It is more than just a simple error or mistake. Malpractice is present when the provider acted negligently, and that negligence caused harm to the patient.

Medicine is complex and frequently involves judgment calls. It’s important to note that not every bad outcome is malpractice. When medical malpractice happens, patients can pursue legal action against those who provided care. Examples of medical malpractice include:

• Misdiagnosis
• Delayed diagnosis
• Errors in surgery
• Giving the wrong medication
• Providing incorrect dosages of medication
• Birth injuries
• Failing to monitor a patient during treatment or recovery

Each of these issues can result in long-term harm, pain, injury, or even death to the patient, causing hardship for the patient and their family.

Medical Malpractice Laws

Patients have a limited amount of time to file a medical malpractice claim in California. In most cases, the statute of limitations is three years from the injury date or one year from when the injury was first discovered, whichever comes first. There are a few exceptions to this rule, such as cases involving minors. If the deadline is missed, the patient may lose the right to bring a claim at all.

Under California law, the Medical Injury Compensation Reform Act (MICRA) limits recoverable amounts for non-economic damages, such as pain and suffering or loss of enjoyment of life.

California follows a pure comparative negligence rule. This means that if the patient is partially responsible for their injury, for instance, if they failed to follow the doctor’s instructions, their award may be reduced by their percentage of fault. However, this does not necessarily bar recovery; even if you are partially to blame, you may still be able to recover damages. An experienced attorney can help determine how this rule applies to your case.

Damages in a Medical Malpractice Case

In California, the number of Adverse Action reports for physicians in 2022 was 807. The number of medical malpractice payment reports for physicians in 2022 was 648. The number of Adverse Action reports for all practitioners in 2022 was 98,430.

If you are injured due to medical negligence, you may be entitled to different kinds of compensation. California recognizes two broad categories of damages. Economic damages include monetary losses like medical expenses, rehabilitation costs, lost income, and future medical costs. The goal is to compensate you for your financial losses and restore your economic situation.

Non-economic damages are awarded for losses that don’t have a specific monetary value. This includes your pain and suffering, emotional distress, and loss of quality of life.

FAQs

How Much Will Hospitals Settle For in San Bernardino, CA?

In San Bernardino, CA, hospitals might settle for amounts that are based on the severity of the patient’s injury, the evidence, and the likelihood of going to trial. A settlement is supposed to compensate for the economic and non-economic damages. There is no set amount, but most hospitals would rather settle than face long litigation, public criticism, and a jury verdict.

What are the Four Phases of a Medical Malpractice Claim?

Medical malpractice claims typically have four stages. The first is the investigation and filing of the claim. Second is the discovery phase, where evidence and professional opinions are exchanged. The third stage is settlement negotiation or mediation to try to resolve the issue. In situations where settlement fails, the case moves forward to trial for judicial or jury determination of liability and damages.

How Often Do Doctors Settle Out of Court?

A number of medical malpractice claims are never brought to trial. Instead, the doctor or their insurance company settles out of court to avoid the uncertainty, expense, and publicity of a trial. Settlement is also quicker, which can be an advantage for patients. Of course, the chances of this vary on a case-by-case basis. Stronger cases are more likely to settle. In any event, a considerable number of medical malpractice claims are settled.

What Happens if You Lose a Malpractice Case?

If you lose a medical malpractice case, you will not be compensated for your injuries or losses. It can still be a large emotional and time investment. However, losing a medical malpractice case does not necessarily prevent you from seeking future medical or legal treatment. Speak with your attorney to see what legal fees are expected if you lose.

Hire a Medical Malpractice Lawyer

If you suffered injury or extended medical issues due to negligence from a medical professional, hire a medical malpractice lawyer at Belgum, Fry & Van Allen. We can help you seek the compensation you deserve. Contact us today to begin holding the responsible party accountable.