Approximately 250,000 Americans die each year due to medical errors, making it the third most common cause of death in the US. In many cases, the victims’ surviving family members can build a wrongful death claim by alleging medical malpractice due to a doctor’s negligence or mistake. Individuals who have lost loved ones in such ways deserve closure, justice, and a fair settlement for their misfortune. With a wrongful death attorney, they can build their case and pursue a successful claim.
Davana Law has a certified team of wrongful death attorneys that residents of Los Angeles, CA, can rely on to build a successful medical malpractice claim. Our expert legal team works in 9+ practice specialties and speaks 3+ languages, catering to every individual’s needs. We guarantee to charge no legal fees until we win your case or settle your claim. To get a free case consultation, call (818) 501-1055 or visit our website.
Below, we discuss how to build a successful medical malpractice claim:
Defining Medical Malpractice
In California, medical malpractice refers to situations wherein a professional deviates from the standard of care while treating a patient. Such situations include:
- Misdiagnosing, failing to diagnose, or delaying a diagnosis
- Surgical mistakes, such as a slip of a knife or incorrect amputation
- Providing the wrong medication or dosage
- Failing to deliver a baby
- Putting a patient into a coma due to an anesthesiology mishap
- Performing unnecessary surgery
- Prematurely discharging a patient
Each outcome can have a devastating impact on the patient or their loved ones. Therefore, it’s worth investigating how to build a successful medical malpractice claim.
Understand Time Limits
When filing a medical malpractice claim, claimants must operate according to the statutes of limitations. The California Courts require victims to file a claim within 12 months from the date they knew or should have known of the injury or—in cases where they could not have known of an injury—3 years from the date the incident occurred.
Moreover, plaintiffs must give the entity they are filing against 90 days’ notice before initiating their medical malpractice claim. A certified medical malpractice attorney can help with the details surrounding the statute of limitations.
Explore Available Damages
Someone suing for medical malpractice can receive compensation for economic damages such as medical bills, time missed from work, and rehab costs. A person may also sue for emotional losses or damages experienced, with symptoms like depression, anxiety, or even flashbacks.
Moreover, punitive damages can punish defendants who acted negligently. Victims can recover up to $250,000 in emotional losses. Attorneys at Davana Law can help with wrongful death settlements and get the loved ones of victims the justice and damages they deserve.
Building a Case
Successful medical malpractice lawsuits involve three elements: a doctor-patient relationship, proof that the defendant (that is, the medical professional) strayed from their duties, and an illustration of how said deviation caused the patient emotional or physical harm.
If your case goes to court, winning will probably require testimony from another medical professional who works in the same field with similar patients as the defendant. Due to the complexity of gathering evidence and locating a suitable expert witness, potential claimants should speak with a medical malpractice attorney.
Certified Wrongful Death Attorneys in Los Angeles, CA
Filing a medical malpractice claim requires significant time and energy, especially if you are the victim of such an incident. However, the sooner you file a claim, the sooner you receive justice. Davana Law’s team of professional wrongful death attorneys can help Los Angeles, CA, residents build their medical malpractice claims and seek the justice they or their loved ones deserve. To contact an attorney, call (818) 501-1055 or visit our website today.