Beverly Hills Medical Malpractice Lawyers
Standing Up for Victims of Medical Negligence
Have you suffered an injury or illness you believe was caused or exacerbated by a medical professional or facility? Medical malpractice is a serious and complicated allegation, meaning you’ll need qualified legal counsel at your side if you choose to file a claim. The Beverly Hills medical malpractice attorneys at Levitt, Leichenger & Aberle LLP are adept at handling such cases throughout Southern California. Our legal team understands the unique challenges these cases present and how to protect you against retaliation from the at-fault party. We will do whatever it takes to fight for your right to fair compensation and justice.
What Is Medical Malpractice?
Doctors and other healthcare professionals are expected to perform their jobs with the degree of skill and learning of the average professional in the field. When a doctor or hospital performs below this standard and causes harm, the injured patient may sue to recover damages in a medical malpractice claim.
Common bases for medical malpractice claims include:
- Failure to diagnose or misdiagnosis
- Continuing an ineffective course of treatment
- Drafting or filling the wrong prescription
- Failure to obtain informed consent before treating
- Surgical mistakes, including performing the wrong surgery or performing surgery on the wrong part of the body
- Leaving foreign objects in the body after surgery, such as sponges or medical instruments
Given the issues unique to medical malpractice, it takes a qualified and experienced personal injury trial lawyer to properly prepare a medical malpractice case for trial. For instance, expert testimony is typically required to establish that the doctor performed below the acceptable standard of care. Also, the defense will commonly assert that the plaintiff caused or contributed to the injuries by failing to follow the doctor's orders after the procedure, or by failing to fully disclose an accurate medical history prior to treatment.
Doctors, hospitals, and their insurers fight malpractice claims vigorously both in the courtroom and in the legislative chamber. They have achieved some measure of success in the Capitol, resulting in special rules regarding the damages that are recoverable in a medical malpractice suit. Non-economic damages (pain and suffering) are capped at a maximum of $250,000, regardless of the level of incompetence or nature of the injury that resulted. However, injured patients can still recover for the full amount of economic damages, such as additional medical expenses and lost wages due to missed work or diminished earning capacity.
Do I Have a Medical Malpractice Claim?
Doctors, medical professionals, and/or medical facilities can be held liable for your injuries and related losses. As mentioned above, liability can be tricky to prove because the defendant (the party you are suing) will almost definitely fight against your allegations, even when true. Fortunately, you can stand up to them with legal representation of your own.
To have a successful medical malpractice case, you and/or your lawyer must be able to prove the following:
- You and your doctor had an established doctor-patient relationship before the injury occurred,
- The doctor was negligent, meaning they performed below the standard duty of care,
- The doctor’s negligence directly caused or worsened your injury, and
- The injury led to specific damages, such as additional medical bills to treat it.
Other special requirements:
- The statute of limitations is between 6 months to two years.
- You may be required to submit the claim to a malpractice review panel.
- You may be required to give the doctor notice regarding the claim.
- Expert testimony is required.
To confirm if this applies to your case, reach out to our medical malpractice lawyers in Beverly Hills.
It is important to note that you cannot sue a doctor just because you are unsatisfied with your treatment. The fact is that medical knowledge, while more advanced than ever, is imperfect and some ailments simply cannot be cured completely or even at all. For this reason, medical malpractice claims place the burden of proof on the victim. Therefore, you must be able to provide evidence such as expert testimony that proves you were treated in a negligent manner that goes against the normal standard of care expected from medical professionals.
Damages You Can Recover in a Medical Malpractice Case
Damages you may be able to recover after filing a medical malpractice claim include:
- All reasonable and relevant medical expenses, including hospital bills, surgical costs, physical therapy, counseling, and more.
- Lost wages from missed work or having to quit your job.
- Pain and suffering for non-economic losses (up to $250,000).
- Punitive damages in rare cases (such as a doctor purposely causing harm).
Contact Our Medical Malpractice Lawyers in Beverly Hills Today
Being the victim of medical malpractice can be one of the most dismaying experiences imaginable. We trust our doctors to treat us with care, so when a medical professional neglects their basic duties, shows up to surgery under the influence of alcohol, or otherwise acts carelessly or recklessly while performing their job, it can have a profound effect on the victim both physically and mentally.
At Levitt, Leichenger & Aberle LLP, our Beverly Hills medical malpractice lawyers will help you through every stage of your claim to help ensure you are properly compensated for your losses. Please don’t hesitate to reach out to discuss your case if you believe you have been a victim of malpractice.
Contact us now for a free and confidential case evaluation with an experienced Beverly Hills medical malpractice attorney. Our services are available in Spanish.