Medical Malpractice FAQs
About California Medical Malpractice Lawsuits and Settlements
“Donahue and Horrow, LLP came to me highly recommended, and they did not disappoint. The attorneys of this firm are not just amazing at what they do; they are kind and compassionate people. Through a difficult and delicate situation they always went above and beyond to make sure I felt comfortable and at ease. I always felt that they had my best interest at heart. I cannot thank them enough for all that they have done for me.”
What Is Medical Malpractice and Who Can I Sue for Negligent Care or a Wrongful Death?
Oftentimes, victims of medical malpractice are unaware that there was negligence and only know that there was a bad outcome resulting in injury or death. Our experienced legal team will thoroughly review the medical records and consult with the necessary experts in order to determine if you have a case.
Medical malpractice may occur when a member of the health profession such as a physician, nurse, or hospital provides medical care and treatment that is below the standard of care in the community. To state it another way, when a health care provider does something they should not have done or failed to do something they should have done, they may have been negligent. This means they may be held responsible to pay for damages.
The Los Angeles area law firm of Donahue & Horrow, L.L.P. handles a wide range of medical malpractice cases throughout all of California, including:
- Birth Injuries resulting in cerebral palsy, Erb’s palsy or another permanent disability;
- Brain Injuries resulting in long-term or permanent physical disability, cognitive impairment or coma;
- Emergency Room Malpractice;
- Kaiser Malpractice (HMO);
- Kaiser Medical Facility Malpractice Involving Wrongful Death;
- Misdiagnosis of Cancer (particularly lung, breast, colon, prostate or skin cancer) and other serious medical conditions;
- Nursing Home Neglect and Elder Abuse; and
- Physician and Hospital Negligence, including medication error and failure to monitor.
Not necessarily. An act of medical negligence must result in some damage or injury. There are hundreds of acts of medical negligence every day that cause no harm to anyone. California law requires that the act of negligence be a substantial factor in causing injury, harm or damage.
You need a professional to analyze your case. You may or may not have been aware of any negligence. Oftentimes, the client is unaware that there was negligence and only knows that there was a bad outcome resulting in injury or death. Our team will thoroughly review the medical records and consult with the necessary experts in order to determine if you have a case.
How Long Do I Have To File My Case?
The deadline to file your case is known as the statute of limitations. The law is very strict about filing your case in a timely manner. The statute of limitations varies from case to case and can be as short as six months from the injury or incident or up to 8 years or even longer. It depends on a variety of factors, and you should not give up just because the incident or injury occurred long ago. Call an experienced medical malpractice lawyer at 877-664-5407 to learn more about the specific deadline in your case.
What Can I Recover in a Medical Malpractice Case?
That depends on the type of case. Monetary damages in medical malpractice cases consist of non-economic damages such as pain and suffering and economic damages such as out of pocket expenses, unpaid medical bills, loss of past and future income, future medical care and treatment and loss of home services.
In cases in which the patient requires future medical care, the attempt by the plaintiff to recover all damages is contested vigorously by the defense. The patient needs an experienced medical malpractice attorney, such as those at Donahue & Horrow, L.L.P., to be confident of pursuing maximum financial recovery. It is important to include in the damage claim the costs of the future medical care you may require. Attorney Thomas E. Donahue has consistently maximized the damages his clients receive in medical malpractice cases.
Will My Case Settle or Go to Trial?
Most cases settle before trial. However, the case must be litigated aggressively in order to get the case settled for the maximum dollar figure. Donahue & Horrow, L.L.P., emphasizes aggressive litigation and leaving no stone unturned in order to present the strongest possible case for you when it comes time to settle your case or go to trial.
How Much Will a Medical Malpractice Case Cost Me?
Clients of Donahue & Horrow, L.L.P., pay nothing until there is a recovery on your case. Medical malpractice cases are expensive to litigate and can cost over $100,000 just to take to trial. The firm pays for all costs and the client only pays us back if there is a recovery. If there is no recovery, then the firm does not ask that the clients repay the costs advanced.
California Medical Malpractice Attorneys
Donahue & Horrow, L.L.P., assumes this risk and therefore, we only those cases which are truly meritorious. Contact our offices in El Segundo, California, today to learn more in an informative consultation, free of charge.