Thousands of people lose their lives and are injured or disfigured every year by medical malpractice and neglect. Malpractice of this nature occurs when healthcare professionals deviate from the accepted standards used in their field which leads to patient injury.
Malpractice can be a form of negligence, done by omission, or by the failure of the skills and abilities of the practitioner. It can involve physicians, nurses, surgeons, dentists, chiropractors, anesthesiologists, and any other professional in the medical/healthcare industry.
Our Fresno Law Firm is Ready to Help
At Chandler Law, we have successfully handled many significant medical malpractice and negligence cases through both settlements and courtroom verdicts. Attorney Stuart Chandler is a proven and skilled trial lawyer with decades of courtroom experience.
Most recently, Mr. Chandler tried the matter of Chevaliar v. Kaiser Permanente to verdict in Fresno County Superior Court with the jury returning a damages award of $5,000,000.
For this, Mr. Chandler was nominated for Street Fighter of the Year by his peers, an award that is given once a year at the Annual Convention sponsored by Consumer Attorneys of California.
Medically injured due to the actions or omissions of a medical practitioner? Contact Chandler Law online or at (559) 825-2318 for a consultation with a Fresno medical malpractice and neglect attorney. We serve Fresno and the counties of Madera, Kern, and Tulare. Hablamos español.
While medicine and other healthcare professions are not always an exact science, you expect to be treated with a high degree of skill, knowledge, and care by these professionals. Furthermore, practitioners must perform their jobs within recognized standards of care as established in their respective fields. When they fail to do so, they may be subject to potential legal action in malpractice claims and lawsuits.
Examples of medical malpractice can include but are not limited to:
- Operation on a wrong body part
- Failure to diagnose a condition, injury, tumor, or cancer
- Administration of the wrong drug or wrong dosage of a drug
- Foreign bodies, such as medical instruments) left behind in a patient
- Paralysis because of a severed nerve during surgery
- Failure to order proper testing that would have resulted in a diagnosis
- Misreading of lab results and reports
- Failure to provide vital information regarding medical treatment that violates informed consent
- Performance of a procedure one is not licensed to do
These and other errors or forms of negligence can result in patients developing diseases and conditions that could have been prevented, the need for additional treatments or surgeries, life-threatening infections, organ damage, loss of bodily functions, and more. In the worst cases, they can result in wrongful death.
Medical Malpractice Statute of Limitations in California
Medical malpractice cases are complex legal matters that require careful consideration and timely action. In the state of California, the statute of limitations for medical malpractice plays a crucial role in determining when a lawsuit can be filed and under what circumstances. Understanding this statute is essential for anyone who believes they may have a medical malpractice claim.
The California Statute of Limitations for Medical Malpractice
In California, the statute of limitations for medical malpractice cases is set at three years. This means that individuals who have suffered harm due to medical negligence must initiate their legal action within three years from the date of injury or the date they discovered, or should have discovered, the injury.
Importance of Timely Action
Failing to adhere to the statute of limitations in a medical malpractice case can result in the loss of the right to seek legal remedies. It is crucial for potential claimants to consult with an experienced medical malpractice attorney as soon as they suspect negligence or harm. This will ensure that their rights are protected, and the necessary legal steps are taken within the stipulated time frame.
Why You Need a Fresno Medical Malpractice Attorney
Medical malpractice law is extraordinarily complex. You must prove that the practitioner violated the standard of care that other professionals in the field would have used in the same or similar circumstances.
This generally calls for the testimony of experts about the appropriate standards and how the implicated physician, nurse, or other healthcare professional breached that standard. Our law firm is ready to provide this support, even in the event that your loved one passes due to injuries sustained due to malpractice, our wrongful death lawyers in Fresno can help.
When proving the liability of the professional involved, you are entitled to damages. A 1976 law capped non-economic damages, such as pain and suffering, at $250,000. However, as of 2022, Governor Newsome signed legislation that increased this cap and allows for future increases based on inflation. The cap starts at $350,000 for cases not involving wrongful death. Where wrongful death has occurred, the cap starts at $500,000.