The professionals at the Ehline Law Firm are legal experts with plenty of medical knowledge. Our years of experience make us second to none in cases revolving around injury stemming from medical malpractice. Call us today for a free consultation at (888) 400-9721. Also, find out more about the law below.
The MICRA Limitations Roadblock
In the 1970s, Governor Jerry Brown signed legislation that limited the pain and suffering damages for victims to $250,000. This was due to the lobbying and strike of doctors’ unions. The California Supreme Court found the law unconstitutional, but this was reversed later.
In the 1970s, this was more money, inflation-adjusted than today, but it still limits for the victims. In some cases, this may barely cover the attorney’s costs and the price of hiring medical experts to prove your case. When faced with these circumstances, caring attorneys try to do the most for these victims.
They seek to change the law, especially considering that states that do not cap pain and suffering do not have higher insurance rates for medical professionals or hospitals. With all this red tape, having the finest in legal assistance is what is takes to get back on your feet.
The Ehline Law Firm’s experience takes into consideration all issues stemming from your accident. We can determine special economic damages, including losing your job and facing destitution.
The fact that the state is blocking your rights to compensation doesn’t mean that we won’t fight to get every penny for your past, current, and future pain and suffering– including medical costs such as medicine, physical therapy, wheelchair ramps, and other charges.
Inability to find a decent Med Mal Lawyer is at epidemic levels in California since the passage of MICRA. The situation seems to be getting worse, considering the lower upside when facing a medical practitioner. In many cases, the plaintiff’s lawyers can front costs, including hundreds of thousands they may never return.
The defense knows this is more difficult in medical malpractice suits and can try to force the victim into a tough negotiating position. Our firm is selective to make sure that we only do our best for our clients.
When you’ve found an attorney ready to take on the case, many issues lie ahead. The State of California has a significant roadblock in the Code of Civil Procedure section 340.5. This section requires mentally competent adult victims to file their lawsuit within one year from the date they discovered the medical office injured them.
If the injury is not discovered within three years, the claim is barred altogether. Outside the three years, the plaintiff must show additional proof that he or she was the victim of concealment or fraud. Or it must be shown that a surgeon left a “foreign body” inside the patient.
But the object must also have zero “therapeutic effect.” The state also has delicate hoops for minors to jump through.
At this point, you must determine what type of claim you will make. The first subcategory could be due to the inability of a doctor, specialist, or another healthcare provider to diagnose a medical condition or disease promptly, among others.
So this could be due to a misread test or the failure of the provider to do early testing for an unsafe condition. But this could result in untreated cancer or a heart condition. Also, this occurs both in adults and children, including infants. There are many cases where implements remained in patients, wrong surgeries performed, or failure to manage anesthesia.
Both General Practitioners and specialists remain under a Hippocratic obligation. This is “informed consent” to warn patients of known risks of treatment regimens and procedures that may be followed during their treatment.
Also, this should leave patients ready and told to undergo possibly dangerous treatments and determine if the rewards outweigh the risks.
If not done, in addition to med mal, civil claims could face the physician for false imprisonment and battery causes of action. Most hospitals require their patients to sign a form to waive this right.
There are severe cases where doctors will perform unnecessary surgeries based on false diagnosis, falling back on their position as a trained medical professional with public trust. The patient may be a victim of a greedy, incompetent, or willful liar.
But if he or she improperly carry out the treatment, the caretaker remains legally responsible for a med-mal lawsuit. Examples include prescribing the wrong cancer meds. So patients could suffer an adverse reaction. The disease worsens.
The skilled attorneys at the Ehline Law Firm can assist you through this troubling time. We will come to you and discuss any issues and provide a free, no-pressure consultation. Call us today to talk with a trained professional.