Medical Malpractice

Patients who have been injured by a healthcare professional can sue for their injuries in a medical malpractice lawsuit.  These types of cases happen in a number of ways, such as failure to diagnose, wrongful diagnosis, surgical errors, birth injury, delayed diagnosis, and failure to treat.

In California, medical malpractice requires proof that a healthcare provider either committed a negligent act or failed to act while rendering professional services.  That act or omission must be the direct cause of a victim’s personal injury or wrongful death.  If a person is injured by a healthcare provider, they can file a claim to recover their losses.

At the Law Offices of Michael A. Kahn, we represent clients who have been injured or who have lost a loved one due to the negligence of a medical professional.  We strongly believe in holding these healthcare professionals accountable.  Contact us today at (310) 209-1600 or info@michaelkahnlaw.com to schedule a free initial consultation to learn more about how we can help you.

Who Can Be Sued for Medical Malpractice in California?

In California, medical malpractice laws apply to all healthcare providers and facilities who are licensed by the state.  This includes:

  • Doctors
  • Chiropractors
  • Anesthesiologists
  • Nurses
  • Pharmacists
  • Physical therapists
  • Podiatrists
  • Anesthesiologists
  • Hospitals
  • Outpatient surgery facilities
  • Clinics
  • Laboratories

If any of these providers or facilities acts in a negligent manner — or fails to act due to negligence — then they can be held accountable.

For example, if an outpatient surgery facility does not routinely check its sterilization equipment to ensure that it is properly cleaning the tools used in surgery, and a patient suffers an infection as a result of a dirty tool being used, the facility could be sued for malpractice.  Similarly, if a doctor does not monitor an expectant mother during pregnancy, leading to complications during labor and delivery and a birth injury, the doctor may be liable for medical malpractice.  A skilled California medical malpractice lawyer can work with you to help you if you or someone that you love has been injured by the negligence of a healthcare professional.

What Damages Are Available in a Medical Malpractice Case?

There are a range of damages that a victim of medical malpractice can recover.  This includes economic damages, such as past and future medical bills, lost wages and lost earning capacity.  In addition, a person who has suffered injuries as a result of medical malpractice can often recover non-economic damages such as pain and suffering or loss of enjoyment of life.

However, California law puts a cap of $250,000 on non-economic damages in medical malpractice cases.  Other than this limit, there is no cap on the amount of compensatory damages that a person may seek in a medical malpractice case.

In addition to economic and non-economic damages, you may also recover punitive damages if your California medical malpractice attorney is able to demonstrate that the defendant healthcare provider or facility acted with oppression, malice or fraud.  This usually means acting intentionally or with a willful and conscious disregard of the safety of others.  Punitive damages are rare in personal injury cases, which are typically based on negligence.

Work with a California Medical Malpractice Attorney

Medical malpractice cases can be complex, requiring input from expert witnesses and others to establish that a healthcare provider or facility breached the standard of care for the profession.  A skilled California medical malpractice lawyer can gather evidence to demonstrate that professional negligence has occurred — and that you are entitled to damages as a result.

If you have been injured by medical malpractice, the Law Offices of Michael A. Kahn can help.  Contact us today at (310) 209-1600 or info@michaelkahnlaw.com to schedule a free initial consultation with a member of our team.

Need Help? Call us anytime at (310) 209-1600