Legal Question in Medical Malpractice in California

Re: what to do?

Mr. Roth explained much of what you need to know.

On attorney fees, I would add that if the person can afford to do so, they may hire an attorney hourly. Most people who are seriously hurt cannot afford to do that. Thus the legislation that limits attorney's fees in a medical negligence case are really unfair because the doctor's insurance carrier will pay by the hour and have no limits on what they can spend to defend. You need to tell your legislators and congresspeople why this is unfair.

The $250,000.00 limit on general damages (damages for things other than loss of wages and earning capacity, and medical expense) such as loss of enjoyment of life, the real pain he and his wife have been party to, the possible loss of better health because of limitations on his ability to get around, for his life, 40 plus years, is unfair. Since it was politically expedient to vote for such limit, such limits are being considered by congress in other cases and in medical cases on a national level. This case should demonstrate why such limit is unfair. If he was earning $60,000 per year and is now limited to $20,000 per year, $40.000 times 33 years of work life equals $1,320,000. Isn't his time off work worth an equivalent amount.

Have your friend consult a competent and experienced medical malpractice attorney. But let your legislators know why such limits are unfair.

Re: what to do?

First, there are numerous complicated legal issues which will require an experienced med-mal lawyer to handle. So, you should look for one.

Second, you have not provided any information as to the underlying accident. If the accident was with a third party and if the third party has ability to pay substantial judgment, then it is better to pursue the third party rather than assert a claim for med-mal. Subsequent negligent acts by doctors and hospitals are foreseeable. The reason you would want this course of action, is not to be limited by MICRA ($250K max on pain and suffering.)

My firm does med-mal, if you are interested in having the case evaluated at no cost to your friend let me know.

Re: what to do?

Medical Malpractice is one of the most difficult and technical areas of law. You should not do this yourself.

The law requires an attorney who represents you to do so on a contingency basis. The maximum fee is regulated by law. It is less than the fees typically charged for other personal injury actions.

The only causes of action against the doctors and hospitals are on behalf of the patient for pain and suffer, which is currently limited to $250000 by law. It is possible but not likely that this limit might be raised since it has not been raised since the late 1970's. He can also recover for medical bills, loss of income, present and future value, and any other economic damage. His spouse can recover up to $250,000 for loss of consortium.

Medical malpractice cases cannot be won without the hiring of medical experts who are top notch in their field and willing to testify in the case. Lawyers who do a substantial amount of work in the area maintain relationships with top experts willing to testify. The expenses of a medical malpractice case are legion.

Again. Do not attempt self-representation. Have the case reviewed by an experienced and competent medical malpractice trial lawyer. If he or she is unwilling to handle the matter, it is probably not a good case. Again, if he or she is willing it will be a fee computed upon a percentage of the recovery.