$ 45 Million

Permanent Disability

$ 55 Million

Temporary Disability

$ 5 Million

Death Caused By Work

$ 100 Million

Industrial Accidents

Holding Healthcare Professionals Accountable

When healers become wrongdoers, assertive legal advocacy would be needed to remind them about the "care" in "healthcare."

Medical professionals cannot afford to go wrong while treating the sick and the vulnerable. However, sometimes their neglect, misdiagnosis, and incompetent treatment can be wilful rather than a genuine lapse of judgment, thereby labeled “malpractice.” Regardless, you do not deserve to undergo more pain, especially when you’re already suffering and trusted the medical professional who harmed you. Let The Law Office of Joseph Pluta help you with its years of experience handling and winning medical malpractice cases.

Seeking Relief Through A Lawsuit

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:

  • Deserve relief and compensation for the trauma you and your caretakers suffered
  • Need the monetary compensation required for moving on and seeking an alternate treatment
  • Must be represented by Bakersfield’s best attorneys for hospital negligence, who’ll fight the legal battle on your behalf
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One Evil, Many Forms

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:

  • Anesthesia Malpractice
  • Bilirubin
  • Birth Injury
  • Brachial Plexus Injuries
  • Brain Cooling
  • Brain Injuries
  • Cerebral Palsy
  • Delay/Failure to Diagnose
  • Failure to treat
  • Misdiagnosis
  • Surgical errors
  • Negligence during childbirth
  • Medication errors
  • Anesthesia errors
  • Infection
  • Death
  • Developmental Delays
  • Doctor & Hospital Malpractice
  • Emergency Room Malpractice
  • Gastric Bypass Surgery
  • Gestational Diabetes
  • Surgery Errors & Malpractice
  • Maternal Deaths
  • Traumatic Brain Injury
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Why Failure to Diagnose Cannot Be Allowed to Slide

Your doctor’s failure to recognize your symptoms may or may not have aggravated your situation. However, you can sue them if they:

  • Did not refer you to a specialist
  • Misinterpreted your lab test results
  • Missed a chance to screen for a particular medical condition
  • Did not follow up with you
  • Delayed treatment for your condition
  • Improperly diagnosed your disease

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.

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Raising Our Voices Against Nursing Home Neglect

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:

  • Bruising and contusions
  • Fractures
  • Injuries from falls, due to a lack of assistance
  • Lacerations
  • Back and neck injuries
  • Concussions and brain injuries
  • Emotional distress
  • Concern
  • Fear
  • Paranoia
  • Cognitive regression
  • Withdrawal
  • Sexual assault
  • Indecent exposure
  • Signs of injury around genitalia
  • Malnutrition or dehydration
  • Untreated bedsores
  • Untreated medical issues
  • Not getting proper medication
  • Unexplained and sudden infections

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.

Why The Law Office of Joseph Pluta?

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

  • Proactive Legal Support
  • 57+ Years of Excellence
  • 6000+ Injured Workers Helped
  • We Win, or You Pay Nothing!
  • Se Habla Espanol!
  • Clear & Constant Communication
  • Compassionate Support
  • No Upfront Costs
  • Assiduous Care with Handling Legal Documentation
  • Prompt Appointments are available including on Saturdays & Evenings
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The Pre-Trial Phase For Your Medical Malpractice Case

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.

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.

Non-economic
Damage Caps

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.

Settlement
Negotiations

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.

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How We Seek Justice for Medical Malpractice, One Step At A Time

Our 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.

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Filing the Claims

Filing a medical malpractice lawsuit requires careful planning, consideration of all the necessary paperwork, knowledge of deadlines, and detailed accuracy.

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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.

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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.

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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!

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Happy Clients Are Our Greatest Achievement

When I was diagnosed with advanced cancer due to a delayed diagnosis, I felt helpless and betrayed. I had no idea how to navigate the complex world of medical malpractice, but reaching out to the Law Office of Joseph Pluta was my best decision. From our very first meeting, Attorney Pluta showed genuine care. He took the time to understand my situation and clearly explained my options. His team worked tirelessly, gathering the necessary evidence and consulting experts to build a strong case.

Nancy Freda

After a surgical error seriously harmed my wife, we didn’t know where to turn. We knew we needed legal help, but we weren’t sure who to trust to handle such a sensitive case. The Law Office of Joseph Pluta came highly recommended, and after our first meeting, we understood why. Attorney Pluta and his team were extremely compassionate, thorough, and professional throughout the process. They listened to our concerns, asked all the right questions, and were never in a rush to settle.

David Racy

I cannot express enough how grateful I am to the Law Office of Joseph Pluta for their incredible work on my medical malpractice case. After a misdiagnosis caused significant complications in my health, I was left feeling lost and uncertain. But from the moment I contacted the firm, Attorney Pluta and his team gave me hope. They were patient and explained everything in detail, from how they would investigate my case to what I could expect during the legal process.

James T., Client

Frequently Asked Questions

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.

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DISCLAIMER: This website contains general information and is only intended for educational purposes. Because laws are constantly changing, the information is not guaranteed to be correct and/or current. Nothing contained on this website is intended to be a substitute for legal advice and does not constitute legal advice. Reading this website does not create, and should not be construed to create, an attorney-client relationship between the Law Office of Joseph Pluta and the reader. Nothing within this website should be considered as providing legal advice or a legal opinion. Sending an E-Mail to this website, or interacting with this website in any other way, does not create an attorney-client relationship.