Sacramento Medical Malpractice Lawyer

Medical malpractice happens when a doctor fails to treat a medical condition properly, and negligence is the cause of a new injury. The physician cannot be responsible for the original underlying medical problem but can be held liable for the new injury.

Types of Medical Malpractice

Medical malpractice can occur in various situations, including:

• Delaying or failing to diagnose a disease.
• The doctor’s failure to gain the patient’s informed consent for an operation or surgical procedure.
• Anesthesia or surgical-related incident during an operative procedure.
• Misuse of a medical device or prescription drugs.
• Failure to adequately treat the disease process.

Selecting a Medical Malpractice Lawyer

The attorney must determine whether there is a good, actionable case as quickly and efficiently as possible. This is because medical malpractice cases are difficult and expensive to pursue, and they have a significant risk of no recovery, but they usually involve a client’s personal details.

The initial step involves the potential client entering into an agreement with the attorney to set the lawyer’s fee. The attorney typically agrees to pay all initial costs and only be repaid after the case settles and works on a contingency fee basis. The attorney would receive a percentage of the gross recovery.

No Recovery Means You Pay Nothing

In the initial client consultation, the attorney will collect a thorough medical history, which involves acquiring the names of all healthcare providers and hospitals who cared for the client.

A client must write a summary of all medical records, including doctors, dates, symptoms, treatment, and conversations with medical providers. All relevant medical records will be obtained by the lawyer, and proof of negligence is found in these records.

Here is a video we recently put together regarding selecting an attorney in Sacramento:

Determining Medical Malpractice

To determine if there is medical malpractice, a medical expert must be hired to work with your attorney. This expert should be qualified to give a medical opinion and is, therefore, frequently board-certified in medicine. After a complete review of the client’s medical records, the medical expert determines with reasonable certainty that the action or inaction of the physician was the cause of injury to the plaintiff. It is appropriate to file a suit against the doctor or the hospital.

Initiating a lawsuit marks the commencement of the legal proceedings, which can extend over several years. Throughout this timeframe, both parties engage in the exchange of various documents.

In the initial stage of legal pleadings, each party articulates their legal theories. In the second stage, known as the discovery phase, the parties delve into the gathering of facts to substantiate their respective legal contentions. Should a resolution remain elusive, the case proceeds to its third phase, culminating in a trial presided over by a judge and jury.

Medical Malpractice FAQ