Medical malpractice is a unique area of law. This is because, in 1975, legislation was passed that makes it difficult, even today, to bring a claim against a healthcare provider. Each year, attorneys all over California are requested to evaluate potential claims of medical malpractice. Yet, there are steps and processes in place—which often have hard dollar costs—that must be completed in order to bring a case. As a result, most cases—regardless of strong they might seem—are not worth making and are dropped. They are, simply put, "economically unviable." It is therefore vital to have an experienced attorney like Stephen D. Counts to help guide you through the legal process.
Even if it's determined that a case is economically viable, there are numerous challenges in making such a case.
What is malpractice?
Medical malpractice is when a healthcare provider, such as a doctor, fails to perform his or her duty to provide treatment in keeping with the "standard of care." In California, the standard of care requires healthcare providers to exercise adequate skill, knowledge and care that other members of the profession would exercise under similar conditions and circumstances.
What is recoverable in a medical malpractice case?
Damages in medical malpractice are divided into two categories: (1) special damages and (2) general damages. Special damages are the economic damages, such as the costs of medical care, medical devices, other tools or devices needed for normal function, loss of future earnings and other expenses. General damages, the non-economic damages, are to compensate the victim for pain and suffering, disfigurement, and even embarrassment. California law limits general (non-economic) damages to $250,000. As a result, and because of the costs of the case and attorney fees, most "economically viable" cases are those that have the potential to win large economic damages.
Medical malpractice and death.
In cases where medical malpractice has led to the death of a loved one, the deceased's heirs can recover medical and funeral expenses, non-economic damages and income that, as a direct result of the death, is no longer coming in.
Proof of malpractice.
Bringing a medical malpractice means expert witnesses will need to testify regarding the standard of care, the wrongdoer's breach of that standard, how the negligence is the direct cause of the injury, and the cost of future care. An expert will also be needed to testify to the loss of earnings over the lifetime of the plaintiff. This process—part of the gathering and presentation of evidence—is expensive... especially when dealing with the changes and difficulties brought on by the misdeed. However, Stephen D. Counts does not get paid until you do.
Why are some attorneys reluctant to take on malpractice cases?
Generally speaking, pursuing medical malpractice claims is more expensive than most other types of personal injury claims. (Product-liability claims against large companies still top the list, however.) The high costs of expert involvement are often left to the attorney, but these costs can only be repaid from the limited "non-economic" damages, else they will affect future care of the victim. The legal work involved is often greater than other kinds of cases, even as attorney fees have been lowered by the California legislature. So larger law firms are unlikely to work on and invest in cases that are riskier, potentially less rewarding and more challenging and time-consuming to bring. These reluctant law firms also know that juries are often less willing to hold a local doctor or healthcare provider responsible for negligence than they might be for a large corporate offender. However, by going with a smaller firm, like Stephen D. Counts, you'll get the personal attention you deserve every step of the way.
Don't delay.
In the state of California, most medical malpractice claims must be filed within a year of the injury. Failure to do so is to forfeit all ability to pursue your rights through the California courts. If you believe you have a just, proper and economically viable medical malpractice claim, please contact Stephen D. Counts today. He'll take a look at your case free of charge, and even if he takes on your case, he won't get paid until you do.
