$ 45 Million
Permanent Disability
$ 55 Million
Temporary Disability
$ 5 Million
Death Caused By Work
$ 100 Million
Industrial Accidents
Only our medical malpractice lawyer, Bakersfield, can help you right the wrongs through fair compensation.
We understand that when you’re in pain after suffering from not only your illness but also through medical malpractice, a lawsuit might be the last thing on your mind. However, despite this, it becomes even more crucial when you pursue legal justice because you:
Medical malpractice can rear its ugly head in diverse ways, which you must learn to recognize to get legal help immediately and proactively
Medical and healthcare professionals often fail to uphold the noble standards and rigorous competence demanded and expected. The result? Innocent people end up being more hurt than they were when they first sought medical help. Here’s how medical malpractice manifests:
Your doctor’s failure to recognize your symptoms may or may not have aggravated your situation. However, you can sue them if they:
If you believe you encountered any of the situations listed above during your medical treatment, we would recommend you to get in touch with our medical malpractice attorney Bakersfield.
We're Here For You!Did you know that medical neglect and abuse can manifest even in nursing homes–a place where you entrust strangers to take care of your loved one? Learn how you can fight back legally against the culpable.
Several Bakersfield residents spend time in long-term care facilities due to advanced age, cognitive issues, or other disabilities. Their family, friends, or well-wishers would not want them to suffer injuries or sicknesses under the care of the resident staff and nurses. Unfortunately, when such a situation arises, which may have been with your loved one, you mustn’t delay reaching out for professional legal help with our medical malpractice attorney Bakersfield! Call us immediately if you notice any of the following abuse symptoms in your loved one living in a nursing home:
Active physical, emotional, or sexual damage is not the only form of abuse that nursing home residents may receive. Sometimes, abuse can be in the form of neglect that results in medical complications in an otherwise easily preventable condition. However, such forms of abusive neglect can be difficult to prove and we suggest seeking expert legal counsel from an experienced malpractice lawyer Bakersfield for speedy justice.
Our firm has a long history of fighting for the underdog, so we understand how harrowing it can be to get justice from a system designed to help workers but often falls short due to its complications. Not anymore when you have us by your side.
We Are & Always Will Be On Your Side
Our Bakersfield medical malpractice attorney can help you recover compensation on your terms even before your case goes to trial! Find out how:
Our medical negligence lawyers collect evidence and build a case before it is officially brought to court. This way, our attorney can make a well-supported "settlement demand" to the defendant referenced in the lawsuit’s filed documents. Upon receiving the lawsuit, the defendant may receive a copy of the settlement demand.
A settlement demand is the amount of money you and your lawyer feel would be fair for your injuries and other forms of damages you suffered. Settlement demands are based on financial losses and 'non-economic' damages: those that cannot be compensated in monetary terms. The latter includes compensation for pain and suffering, permanent injury, disfigurement, disability, and loss of quality of life.
While calculating fair damages, as every state has its compensation statutes, your case will operate under the laws of California. Under Civil Code (CIV)§ 333.2, in cases of medical malpractice in California, there is a cap or limit for non-economic damages at $250,000. Hence, if your injury caused less pain and suffering, you could receive less than this amount.
If you did, however, suffer from disfigurement or a permanent disability, your non-economic damages would be able to reach up to a maximum of $250,000. However, there is no ceiling on economic damages, and the total costs incurred due to your injury can be compensated.
Upon your attorney establishing a reasonable settlement amount, they will file your case and demand that the defendant be served with a copy of the lawsuit. The defendant may then respond in different ways with their legal counsel and insurance representatives by:
Acceptance of Your Settlement Proposal This would mean that the defense counsel has examined your case's documents and decided that your settlement demand is reasonable. They are ready to accept the liability at that level by paying you the amount you demanded.
Making A Counteroffer The defendant's legal team may counter your demand with a good faith counteroffer instead. This means that, after sincerely considering your losses, they are willing to accept liability for malpractice but would prefer to negotiate the total damages award. If the counteroffer is reasonable, your attorney may be receptive to negotiating further or accepting the offer.
Refusal to Accept Liability/Settlement Demand: This means you are denied your settlement request as liability is rejected. The defendant will claim that he is not liable for the malpractice and will not settle the case when he decides to oppose the case. Thus, the case leaves further sessions of settlement negotiations and moves to the next level: trial preparation.
If your defendant recognizes malpractice has occurred and still opts to contest the claim, they will probably lose in trial. If that happens, they may have to accept whatever damages that the jury awards, which may even exceed the amount initially demanded.
Read MoreOur strategic approach, combined with steady compassion and communication, ensures that the culprits are held accountable for medical malpractice. At the same time, your family can focus on rebuilding their lives with the compensation you’re owed.
Case Evaluation
Our medical malpractice attorneys will first analyze the specifics of your case to assess the required medical and legal documentation for evidence, approaching deadlines, and the exact details around your loved one’s nature of abuse or neglect. This will help us predict your case's strength, duration, and outcome.
Take Your First Step Today!Filing the Claims
Filing a medical malpractice lawsuit requires careful planning, consideration of all the necessary paperwork, knowledge of deadlines, and detailed accuracy.
Take Your First Step Today!Collecting Evidence
As the most crucial step in your medical malpractice lawsuit, our medical malpractice lawyer will contact your healthcare provider to collect all the necessary medical records, which will act as undeniable evidence for your claim. Furthermore, we will interview other residents and coworkers of the accused to ascertain the exact circumstances surrounding your loved one’s medical neglect.
Take Your First Step Today!Negotiating Insurer Settlements
To combat possible insurer fraud, our legal representative will negotiate insurance claims on your behalf to determine a sum that justifies the extent of the damages.
Take Your First Step Today!Preparing for Victory!
With all the steps above, supplemented with 24/7 communication, empathetic coordination, and technical requirements, we can clinch the trophy for maximum compensation in a verdict weighed heavily in your favor!
Take Your First Step Today!Our Bakersfield medical malpractice attorney answers some common questions about hospital malpractice cases.
In a medical negligence case, the defendant is likely a healthcare professional. This may include doctors, nurses, therapists, anesthetists, healthcare facilities, insurers, and other medical affiliates, including hospitals or pharmacists. There is also a tendency for people to be held liable for harmful acts even if they were merely carrying out their superior's instructions. In such legal battles, the plaintiff will seek to demonstrate the fault that caused the injury. This kind of analysis usually looks at the actions of an individual healthcare provider. Still, there are cases when the hospital can be called upon to answer for its actions.
It is anticipated that every healthcare professional adheres to broadly accepted standards of care and practices when undertaking treatment of patients suffering from diseases or injuries. If a health worker does not carry out their duties appropriately, serious injuries may occur, and a medical negligence case may be filed. Misdiagnosis, injuries sustained during childbirth, mistakes made when administering medicine, and mistakes made during surgical operations are the most practiced medical malpractice claims. Nevertheless, any instance where a patient suffers harm due to negligence by a qualified medical professional may be the basis of a medical malpractice action.
Generally, any doctor who performs an invasive procedure is subjected to higher medical malpractice insurance coverage than a physician who performs no surgery. Similarly, as it is for O.B./GYNs, the rates paid by surgeons are also higher. The procedures are invasive, there is anesthesia involved, the statute of limitations may be extended, and many things can, and often do, go wrong. During that process, insurance actuaries analyze the professional liability claims experience of their company and the entire nation and the medical malpractice actions to set the rates for surgical specialties.
It is safe to say that medical negligence in the USA is ubiquitous. The American Medical Association notes that almost every third physician has faced a malpractice suit. Most of those sued have found themselves insolvent due to multiple lawsuits. Out of 100 cases, 88 complainants believed the case brought against them was groundless.
Every year, about 251,000 deaths occur as a result of medical errors. It is estimated that 9.5% of the total annual deaths in the U.S. are a result of medical negligence or malpractice; hence, it is the third leading cause of death. It has been established that medical malpractice is the fifth leading cause of death in the United States.
To compensate victims fairly, one must understand California's average medical malpractice settlement, which is about $250,000. However, every case is different, and factors like the extent of the injury, the degree of negligence, and the loss of income change the figure.
Call Today For Your Free Initial Consultation At (661) 395-1031
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