If you or a loved one has suffered due to a medical professional’s error, you may have a medical malpractice claim. However, not every medical error automatically qualifies as negligence under California law. Proving medical negligence in Los Angeles requires a detailed understanding of the legal elements involved – and the right legal team on your side.
The Law Office of Dr. Bruce G. Fagel & Associates focuses exclusively on medical malpractice cases. If you suspect medical negligence, contact us for a free consultation. Let us evaluate your situation and guide you toward justice.
Why Hire Us?
Dr. Bruce Fagel is a physician and a licensed attorney who only handles medical malpractice cases. He has successfully tried and settled more medical malpractice claims than any other attorney in California. In just two years, he secured over $100 million for victims of catastrophic medical injuries. Our firm’s experience handling complex brain injuries, birth injuries, and wrongful death due to negligence is unmatched.
Types of Medical Malpractice Cases
Medical negligence can happen in many different forms. In Los Angeles, common types of medical malpractice cases include:
- Birth injuries (e.g., cerebral palsy, brachial plexus injuries)
- Surgical errors (e.g., wrong-site surgery, retained instruments)
- Failure to diagnose or misdiagnosis
- Medication errors
- Anesthesia errors
- Hospital negligence
- Emergency room negligence
- Delayed treatment
Each of these cases involves unique challenges and requires a team experienced in uncovering the details necessary to prove fault.
Types of Damages Associated
Victims of medical negligence may be entitled to two main types of damages:
- Economic Damages: These include quantifiable losses such as medical bills, ongoing treatment costs, lost wages, and future care expenses.
- Non-Economic Damages: These refer to more subjective losses like pain and suffering, emotional distress, loss of enjoyment of life, and in some cases, loss of consortium.
While California places a cap on non-economic damages in medical malpractice cases, economic damages remain uncapped.
Types of Evidence Used in Medical Malpractice Cases
To succeed in a medical malpractice claim, the following elements must be proven:
- Doctor-patient relationship existed
- The healthcare provider breached the standard of care
- This breach caused injury
- The injury resulted in damages
Key types of evidence used to prove these elements include:
- Medical records
- Expert witness testimony (typically from other medical professionals)
- Diagnostic test results
- Surgical reports
- Nurse or hospital staff notes
- Photographs or imaging
- Billing statements for financial losses
Access to the right medical experts and a legal team who can interpret and present these documents clearly is critical to a successful claim.
Statute of Limitations
In California, the statute of limitations for medical malpractice cases is generally three years from the date of injury, or one year from the date the patient discovered or should have discovered the injury, whichever comes first. Different rules may apply for minors and in cases involving fraud or intentional concealment.
Because missing this deadline can permanently bar you from filing a claim, it’s vital to consult a medical malpractice attorney as soon as possible.
Call Our Los Angeles Medical Malpractice Lawyers Today
When medical professionals violate the standard of care, the consequences can be life-altering. Whether you’re dealing with a birth injury, a misdiagnosis, a surgical error, or any other form of medical negligence, our team is here to stand up for you. We’ll help you gather the necessary evidence, consult with trusted medical experts, and build a strong case from day one.
Don’t delay – your time to act may be limited. Let us evaluate your case and explain your legal options with no cost or obligation. Call the Law Office of Dr. Bruce G. Fagel & Associates now at (800) 541-9376 or complete our online form to schedule your free consultation today.
