Put Experience On Your Side

Helping You After A Medical Professional Lets You Down

Last updated on September 1, 2023

You put your trust in medical professionals every time you visit a clinic, hospital or pharmacy. When a caretaker’s negligent actions cause injury, your trust is violated. You may not know where to turn. If you or a loved one sustained an injury at the hands of a medical professional, it is imperative to seek the advice of an experienced medical malpractice attorney.

At Ramey Law, P.C., our attorneys can help you with the effective presentation of your claim against your health care provider that caused injuries to you or your loved one.

Understanding Medical Negligence Claims

Medical malpractice claims are often difficult to understand and pursue. Our lawyers will take the time to listen to your needs, answer your questions and ensure that you know what is happening every step of the way. Here are some important considerations unique to the presentation of a claim for medical negligence in the state of California:

Statutes Of Limitations

If you are in a car accident or suffered a slip-and-fall injury, you have two years from the date of the injury-causing incident to file a lawsuit. However, in California, a medical malpractice victim’s rights are restricted and they must file a lawsuit within one year from the date of discovery of the negligent act of the health care provider, but no later than three years from the date of injury. For cases where the health care provider leaves a foreign object inside the human body after surgery, the statute is tolled until the victim discovers or should have discovered the malpractice.

In personal injury cases, where the victim of negligence is a minor, the statute of limitations is two years from his or her 18th birthday. However, the law is more restricting when a health care provider causes the injuries, and the parents or guardians of the injured minor must act quickly. In medical malpractice cases involving a minor, the lawsuit must be filed within three years from the date of the negligent act, unless the child is under the age of six, in which case the action must be commenced within three years or prior to the child’s eighth birthday, whichever provides the longer time period.

Hospitals May Be Held Responsible For The Negligent Acts Of Doctor And Nurses

California law allows a victim of medical malpractice to hold a hospital liable for the acts of a doctor if he or she is an agent of the hospital. When a hospital holds out a physician as an employee, a patient may reasonably assume that the physician is an employee of the hospital without making an inquiry on the subject.

Expert Testimony

To establish a medical malpractice claim against a health care provider, the negligence of that health care provider must be proven by the testimony of medical experts. While it is not required to have an expert review a case prior to filing a lawsuit, we believe it is a good practice for clients to have their claims reviewed by an appropriately qualified medical expert prior to filing.

Damage Caps

If you are injured in a car accident or another personal injury incident (not committed by a health care provider), you are entitled to receive a fair recovery for the injuries you have suffered. Unfortunately, regardless of the injury, California places a cap on noneconomic damages for medical malpractice cases. Noneconomic damages, which are compensation for the unquantifiable losses in a personal injury case — pain and suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary injuries, are limited to $250,000 per claimant. The cap applies for injury or death due to negligence. While there are caps for noneconomic damages you have suffered, there are no caps in California for your economic losses. When you or a loved one is injured as a result of someone’s negligence, a lifetime of medical care and treatment may ensue. It may also lead to an inability to work and support your family. In California, you are entitled to receive compensation for all your economic losses. Therefore, it is imperative to contact an experienced medical malpractice attorney to help with your claim. Call us today at 310-773-5509 to speak with an experienced medical malpractice attorney.

Periodic Payments

If you are injured in a car accident, and you settle or receive a verdict from a jury, you are entitled to receive payment for your damages immediately.  However, unlike personal injury claims, in medical malpractice cases that result in settlement of future damages in excess of $50,000, either party may request the court for periodic payments.

Statutory Cap On Attorneys’ Fees

California limits the amount attorneys in a medical malpractice case can collect pursuant to a contingent-fee arrangement to 40 percent of the first $50,000, 33 1/3 percent of the next $50,000, 25 percent of the next $500,000, and 15 percent of any amount that exceeds $600,000. This limit applies regardless of whether the recovery is by settlement, arbitration or judgment. However, the fees for the attorneys for the hospital or doctor who caused you or your loved ones injuries are not limited in any way. The effect of this law is that fewer attorneys take medical malpractice cases, making it more difficult for you to find an attorney willing to work for less compensation to represent you in your personal injury claim against a hospital or health care provider. Ramey Law, P.C., still handles medical malpractice cases despite these fee limitations. We want to make sure you get the compensation you are entitled to under the law for the harm caused by a health care provider’s negligence. Call Ramey Law, P.C., today to speak with an experienced medical malpractice attorney.

You Need An Experienced Medical Malpractice Lawyer To Help You

In California, because of the complexity of the law, it is imperative to hire an attorney with experience to help you and your family get the recovery you deserve to compensate you for the harms suffered as a result of medical negligence of the health care provider. Because of the strict timeline for filing a lawsuit, it is highly important to contact an attorney as soon as possible to ensure the timely filing of your claim. Contact our Los Angeles-based office by completing our contact form or by calling us today at 310-773-5509.