Sacramento Medical Malpractice Attorney
Medical Malpractice is a serious issue. When a person goes to see a doctor, they expect high-quality care. Unfortunately, this doesn’t always happen. Doctors and other healthcare professionals make mistakes, sometimes grave ones that can forever alter a person’s life.
If you’ve been negatively affected and suffered an injury during the course of your medical care and are looking for a medical malpractice attorney in Sacramento, California, please reach out to Dr. Bruce G. Fagel. He will be happy to discuss whether or not you have a medical malpractice claim. Call our office today at 800-541-9376 for a free consultation.
Why Dr. Bruce G. Fagel?
When you’re looking for a Medical Malpractice attorney, it’s important that you find someone experienced and capable. You will need someone who will fight for you from the beginning until the end. Dr. Fagel has a unique perspective and an enormous amount of experience. In addition to being a top medical malpractice attorney, Dr. Bruce Fagel is a physician with a current and valid medical license in the state of California.
- Dr. Fagel has obtained over $1.3 billion dollars in verdicts and settlements on behalf of his clients.
- Dr. Fagel has tried and settled more medical malpractice cases on behalf of injured patients than any other attorney in California
- Dr. Fagel obtained the largest medical malpractice verdict in California history, a $460 million dollar verdict
- Dr. Fagel was awarded “The 10 Top Trial Attorneys in the Nation” by the National Law Journal
- Dr. Fagel was nominated for “Trial Lawyer of the Year” eight times by the Consumer Attorneys Association
- Dr. Fgael handles medical malpractice litigation in Los Angeles and across California.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor or healthcare professional deviates from the standards of their profession, either through negligence or an omission, and causes injury to a patient. Sometimes these injuries are somewhat minor, and other times they are severe and permanent. Specifically, California law defines medical malpractice in the following manner:
- A negligent act or omission by a healthcare provider. The provider committed this negligence in the course of professional services;
- The act or omission is the proximate cause of a personal injury or a wrongful death; and
- The services must be within the scope of services for which the provider is licensed, and there cannot be any restriction on those services imposed by the licensing agency or licensed hospital.
Types of Medical Malpractice Claims Handled
Why You Need A Medical Malpractice Attorney
Medical Malpractice cases are complicated, so it’s crucial to make sure your attorney is experienced and willing to do everything in their power to help you to navigate your case and a possible claim. There are several issues that a medical malpractice attorney will keep track of for you, many that you might not even be aware of.
1. Case Review
A medical malpractice attorney will review your case and go over it with you in detail. They will let you know when and what you can expect, and they should give you a good idea of your chances of success if you move forward with a claim.
2. Medical Records
One of the most important aspects of a medical malpractice claim is gathering and analyzing your medical records. A good attorney will do this for you.
3. Expert Witnesses
Once your medical records have been collected and reviewed, your attorney will reach out to expert witnesses who can evaluate the documents as well. Once they find an expert witness who they believe can help assist in your case, they will discuss all the details with them in-depth and prepare them to testify on your behalf if the case goes to trial.
4. Independent Medical Examinations
Sometimes it’s necessary to have an independent medical examination done in order to obtain an objective view of your injuries. Your attorney will make these arrangements.
5. Medical Research
If your injuries are complex or if research is necessary for any reason, the medical malpractice attorney you hire will do whatever is needed to prepare for negotiations and a possible trial.
California Statute of Limitations
All states have specific timelines regarding when you must file a claim for medical malpractice. In California, a medical malpractice claim involving an adult must be filed no later than three years after the date of the injury, or one year after you discovered the injury, or when through reasonable diligence you should have discovered the injury (whichever occurs first).
For minors, the statute of limitations is three years from the date of the alleged injury. However, if the minor is under the age of six, the plaintiff must file the claim within three years of the occurrence of malpractice or before the child’s eighth birthday, whichever provides the plaintiff with a longer filing window.
In California, there is a $250,000 cap on non-economic damages in medical malpractice lawsuits. Non-economic damages include pain and suffering, physical impairment, loss of enjoyment of life, and/or loss of consortium. There is no cap on economic losses, such as lost earnings and medical bills.
It is also possible to recover punitive damages in a Sacramento medical malpractice lawsuit. Punitive damages are awarded if the plaintiff can prove by clear and convincing evidence that the defendant committed oppression, malice, or fraud. For a negligence claim, this usually means proving that the defendant’s conduct was despicable and done either intentionally or with a willful and conscious disregard of the rights or safety of others. The purpose of punitive damages is to punish the defendant and deter them and others from behaving in a similar manner in the future.
How Are Damages Calculated?
California medical malpractice claims are governed by a pure comparative negligence rule. This means that if you are found to be partially liable for your injury, the amount of damages you can recover will be reduced by your percentage of fault. For example, if you were awarded $100,000 in damages and the court found you to be 30% liable, you would only recover $70,000 in damages.
Call a Sacramento Medical Malpractice Attorney
When looking for an attorney, it’s very rare to find one who is also a licensed physician. While you might know that you need a medical malpractice attorney, you probably didn’t expect to find one who is also a doctor. This impressive combination displayed by Dr. Bruce Fagel is exactly what you need for your medical malpractice case.
He has the medical knowledge of a doctor and the legal experience of an accomplished attorney. He is known for obtaining some of the largest medical malpractice verdicts in California’s history. Dr. Fagel offers his services on a contingency fee basis, so he doesn’t get paid unless you get compensated for your claim. You can be certain that he won’t take your case unless he’s confident he can win. If you have questions or need some guidance with a medical malpractice claim, call a Sacramento medical malpractice attorney today for a free consultation at 800-541-9376. Dr. Fagel will do everything in his power to get you the compensation you deserve.