First of all, we don’t take medical malpractice or any type of dentist malpractice cases. We MAY be able to help you with a referral. But until California votes to change medical malpractice laws, the medical industrial complex reigns supreme in California state. When faced with a severe injury or surgery, the last thing you want to worry about is that you or a loved one gets hurt more by the malpractice of a trained medical professional.
When confronting such an issue, only the finest in attorneys will do– those that have both medical and legal knowledge.
The problem is, the State legislature and government in general has made these cases against bad doctors so expensive to litigate, we cannot take them. Fighting against a major hospital or insurance company is severe, and they will often not give up.
Reputations are at stake– any lawsuit against a doctor that settles for more than $25,000.00 must be reported to the Medical Board. Doctors don’t want to risk losing their licenses and will fight tooth and nail.
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 NOT stemming from medical malpractice.
Find out more about the law below.
In the 1970s, Governor Jerry Brown signed legislation that limited the pain and suffering damages for victims to $250,000. Mostly, 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 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 in other states, but good luck finding one in California.
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 poverty and tell you right now, start lobbying the governor to let you sue your doctor with current value pain and suffering damages.
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.
But MICRA ruins that for you in a California medical malpractice case.
The 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 in making sure that we only do our best for our clients. That is why we only take wrongful death and elder abuse claims not involving med mal.
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. But maybe it’s from the failure of the care provider to do early testing for an unsafe condition. Most of all, this could result in untreated cancer or a heart condition.
Also, this occurs both in adults and children, including infants. Plus, there remain 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. So this is what lawyers call “informed consent.” It means doctors must warn patients of known risks of treatment regimens and procedures possibly followed during their treatment.
So the idea is to leave patients as ready as possible for what lies ahead. After all, you may have to undergo possibly dangerous treatments. So now the patient weighs the rewards to see if they outweigh the risks.
If not obtained by the doctor, he or she could face civil and criminal charges for false imprisonment and battery. Most hospitals require their patients to sign a form to waive this right.
Some patients don’t understand the forms, so arguably, there was no consent. So a lawyer is helpful in these cases to flesh out the evidence, but good luck finding one in California.
There are severe cases where doctors will perform unnecessary surgeries based on false diagnoses, 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 cannot assist you through this troubling time in potentially finding a decent lawyer, and we cannot promise anything.We also don’t offer a free, no-pressure consultation. So don’t call us today to talk with a trained professional.