San Francisco Medical Malpractice Attorney
When you go to the hospital for treatment, you trust that the doctor, nurses, and all of the other medical staff are trained, knowledgeable, and will do their best to ensure you receive proper care. While most of the time this is true, unfortunately, sometimes things don’t go according to plan. It is estimated over 250,000 people in the United States die per year due to medical errors.
Not all of those cases lead to lawsuits, and not all lawsuits lead to compensation. Still, if you believe you or a loved one has been injured due to medical negligence, it’s essential that you contact a lawyer immediately. Dr. Bruce G. Fagel has the experience and determination to ensure that your claim is handled correctly every step of the way. Call a San Francisco medical malpractice attorney today at 800-541-9376 for a free consultation.
Stages of a San Francisco Medical Malpractice Claim
When you hire Dr. Fagel for a medical malpractice case in California, he and his team will take the following actions for you:
First, Dr. Fagel will discuss your case in-depth with you. He will make sure he has all of the information needed, and then he will carefully explain all of the events that will happen next. There are no surprises.
If you and Attorney Dr. Fagel determine that there is a chance of success for your medical malpractice claim, he will file the complaint, which is the first significant step in starting a civil lawsuit in the state of California. There is a lot of information that needs to be provided to the named defendants, and many documents that have to be turned over. Dr. Fagel has experience in these types of cases and will make sure all of the rules and regulations are followed so you have the best chance of receiving compensation for your injury or loss and that all pertinent deadlines are always met.
One of the most important aspects of a medical malpractice case is investigating the claim thoroughly. This will likely include interviewing you and other witnesses. Additionally, Dr. Fagel will collect all of the evidence that he needs to be successful in winning your case. He will keep you updated throughout the process, so you never have to wonder what’s going on.
Attorney Bruce Fagel will ensure that the defendant’s lawyers will supply to you all documents and other evidence that they have in their possession and are required before the start of a trial. He will study this information in-depth and consult with his associates and support staff to ensure he has the best strategy.
4. Expert Witnesses
A claimant must present expert witness testimony in medical malpractice cases in California. Dr. Fagel has access to some of the top medical experts in California, and he will prepare them to testify on your behalf.
Dr. Bruce Fagel has successfully negotiated hundreds of medical malpractice claims. When the defendant and their attorney sees that you’ve hired Dr. Fagel, they will know that you are serious and that your case has merit.
If negotiations fail and your lawyer and the defendant’s lawyer cannot reach an agreement, Dr. Fagel will be prepared to take your case to trial. He has won billions of dollars for his clients in settlements and trials.
Burden Of Proof
When you bring a medical malpractice claim, you are required to prove that the defendant’s actions constituted medical negligence. To do this, you must prove that there is a reasonable medical probability that the defendant breached their duty and that the breach caused the injury.
Pure Comparative Negligence
California is governed by pure comparative negligence. If your case goes to trial and you recover damages, the amount you are entitled to will be reduced by the percentage you are liable for. For example, if the court determines that you are 25% liable and awards you $100,000, you will receive 75% of the award, or $75,000. Even if it is determined that you are 99% at fault for an accident, you can still recover 1% of the damages awarded.
Who Can You Sue For Medical Malpractice?
In California, it’s not just the doctor who is liable for medical malpractice. If you or a loved one has suffered an injury or a death due to medical malpractice, you can take action against several different people and even institutions. Named defendants in a lawsuit can include doctors, nurses, physical therapists, mental health professionals, pharmacists, physician’s assistants, chiropractors, dentists, and the actual hospital or facility that employs the medical professionals.
What Do You Have To Prove In a Medical Malpractice Case?
In California, you must show that the doctor or other healthcare professional was professionally negligent. This is defined as a negligent act or omission to act by a health care provider in the rendering of professional services, in which the act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.
Dr. Fagel Won’t Take A Dime Unless He Wins
It can be hard to find an attorney who will have your best interest interests at heart. Dr. Bruce Fagel will only take your case if he believes he can win. All of our cases are handled on a contingency fee basis so you can be sure that there is no cost to you until he succeeds.
Call a San Francisco Medical Malpractice Attorney
In addition to being an incredibly accomplished attorney, Dr. Fagel was directly involved in the legislative process that affects medical malpractice cases. He assisted in passing the California Code of Civil Procedure section 36(g), which provides for a priority trial date for children under the age of 14 who are injured due to medical malpractice.
Before being enacted, this statute faced strong opposition from medical and hospital lobbyists in Sacramento, California. Dr. Fagel brought and argued this new law’s first case on appeal (Peters v. Superior Court), which required that all California courts recognize this statute as mandatory. The law allows Dr. Fagel to obtain earlier settlements as well as trial verdicts on cases involving children.
If you’re looking for an experienced and passionate medical malpractice attorney, look no further than Dr. Bruce Fagel. Call The Law Offices of Dr. Bruce G. Fagel & Associates today at 800-541-9376 for a free consultation.