Upland Medical Malpractice Lawyer

Medical Malpractice Attorney in Upland, CA

When a person seeks medical attention, they are leaving a large amount of trust in the hands of the medical professional. However, sometimes negligence unfortunately occurs. When this happens and the patient is injured, has prolonged medical issues, suffers damages, or passes away, they may be entitled to compensation. An Upland medical malpractice lawyer can help you fight for your rights and receive the compensation you deserve.

About Belgum, Fry & Van Allen

Southern California’s top injury law firm is Belgum, Fry & Van Allen. When pursuing legal action, our team’s strong blend of experience and viewpoints gives you a competitive advantage. Above all, however, we are committed to our clients’ success.

In cases involving careless defendants and their insurance companies, we have a track record of winning. An experienced lawyer personally attends to each client and stays involved throughout the entire process. This active approach guarantees that each case gets the consideration it merits and contributes to our firm’s ongoing success.

Understanding Medical Malpractice in California

Medical malpractice is the failure of a doctor or other healthcare professional to provide the accepted standard of care, which causes harm to a patient. Medical malpractice claims potentially involve multiple medical professionals, including physicians, nurses, surgeons, pharmacists, and medical facilities.

Common situations include errors made during surgery, anesthesia errors, birth injuries, medication mistakes, or failure to order treatment. Not every poor outcome is medical malpractice, however. Some unfortunate situations result from normal risks of medical care and are not due to medical negligence.

Medical malpractice requires proof that the healthcare provider owed you a duty of care and breached this duty through negligence, which led to your injury and resulted in measurable damages, including extra medical expenses.

Medical Malpractice Laws

California enforces multiple statutes that define every aspect of medical malpractice claims, including the filing procedure and conditions. The statutes define time limitations, as well as procedural rules, and establish limits on the total damages that can be recovered.

Under California Code of Civil Procedure section 340.5, a medical malpractice claim must be filed within three years of the injury date or one year after the injury was discovered or should have been discovered through reasonable diligence.

When you fail to file within the designated time frame, you lose the right to present 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.

Damages in a Medical Malpractice Claim

Medical malpractice victims have access to various types of compensation, which depend on how the negligent medical care affected their lives. Medical bills, lost wages, and future care expenses make up the damages you may request compensation for.

Non-economic damages account for pain and suffering, as well as emotional distress, plus loss of enjoyment of life. Surviving relatives of wrongful death victims may seek compensation for funeral costs and loss of companionship in the most tragic situations. We conduct full evaluations of economic and personal losses for each client at our firm to ensure they obtain the highest possible recovery amount.

Why Hire a Medical Malpractice Lawyer

In 2022, California was ranked number 1 in medical malpractice payouts. Six hundred forty-eight medical malpractice payment reports against physicians totaled over $199 million in payments.

An attorney can thoroughly examine the incident and your injuries. Our legal team can gather your medical records and use witness statements to prove negligence. When you hire a medical malpractice lawyer, they can act as your representative throughout all communications and negotiations while defending your rights.

Litigating and filing a medical malpractice claim as a resident of Upland usually means filing and litigating in the San Bernardino County Superior Court. The San Bernardino County Superior Court has courthouses in the Inland Empire. A Upland medical malpractice attorney who is well-versed in the San Bernardino County Superior Court’s procedures can help you file everything in a timely manner and work on your behalf in local courthouses.

FAQs

What Are the Four Things That Must Be Proven to Win a Medical Malpractice Claim?

The four things that must be proven to win a medical malpractice claim are that the medical professional owed you a duty of care, the professional breached that duty, that breach directly caused you some form of harm, and you suffered measurable damages as a result. Each element is important, and failing to prove even one element can negatively impact your case.

Do Medical Malpractice Cases Usually Settle?

Yes, many medical malpractices usually settle out of court. Settlements result in patients getting compensation faster than waiting for a trial. They also save time and expenses, and they eliminate the unpredictability of a trial. Settlements are affected by the strength of the evidence, the seriousness of present injuries, and whether the provider’s insurer is willing to offer a fair settlement. Competent lawyers are often able to negotiate fair settlements for their clients.

What Is the Hardest Element to Prove in a Medical Malpractice Case?

Proving causation can be the most challenging aspect of a case. It involves demonstrating that the healthcare provider’s negligence directly caused the patient’s injury. Successful proof of medical malpractice depends on complete medical records, along with professional testimony and detailed documentation.

Simply showing that a mistake occurred may not be enough. It must be proven that the error led to specific, quantifiable harm for compensation to be awarded in a malpractice claim.

What Are Pain and Suffering Damages in Medical Malpractice?

Pain and suffering damages are those that a patient receives for physical pain, emotional distress, and the loss of enjoyment of life caused by a medical mistake. This is a type of non-economic damage, which means it is not a bill or financial loss that can be easily quantified, unlike lost wages or medical bills. Although non-economic damages are capped by California law under MICRA, they are still an important aspect of an injury victim’s recovery in a malpractice case.

Contact Belgum, Fry & Van Allen Today

If you or a loved one suffered damages due to a medical professional’s negligence, Belgum, Fry & Van Allen can help. Contact us today to get started on your claim.