Orange County Medical Malpractice Lawyer
If you are injured in Orange County in any medical malpractice incident, it’s imperative to contact an experienced Orange County medical malpractice lawyer immediately. Attorney Chris Purcell stands up to the insurance companies and their lawyers on behalf of injury victims. At Purcell Law, with offices in Irvine and Santa Ana, Orange County medical malpractice lawyer, Chris Purcell represents those injured in malpractice incidents involving doctors, dentists, psychiatrists, chiropractors, nurses, and other health care providers. Whether you’re injured in a clinic, doctor’s office, hospital, nursing home, or a rehab facility in Orange County, Chris will fight aggressively on your behalf, and if an out-of-court agreement cannot be reached, he will take the responsible parties to trial and explain your case to a judge and jury.
Medical malpractice occurs when a doctor, nurse or other medical professional breaches the standard of care during medical treatment and causes an injury that could have been avoided.
Legally, “standard of care” refers to the group of procedures that medical professionals should follow when a patient comes to them for treatment. To prove you are a victim of medical malpractice, you must be able to show that the doctor not only breached the standard of care, but also that he or she caused an injury as a result. If no injury resulted from the doctor’s mistake, then you may not be able to pursue a medical malpractice claim against the healthcare professional.
Medical malpractice can occur in a number of different ways. A doctor may fail to diagnose your health condition, meaning it will worsen as it goes untreated. Doctors can also misdiagnose your health condition and treat you with unnecessary procedures or surgeries. Or, a doctor could administer the wrong medication or prescribe the wrong medication to you. Doctors could also make an error during a surgery or other procedure. Some cases even involve doctors performing surgery on the wrong person or on the wrong area of the body.
Every surgery or medical treatment carries a different degree of risk. It is the doctor’s responsibility to be aware of the risks associated with each treatment and to inform the patients of the risks as well. Patients should never be expected to consent to a medical treatment without fully understanding the risks that are associated with it. The only exception to this case would be an emergency situation where the doctor has no time to explain the different options and must act quickly. If the patient decides to undergo the surgery or procedure after being made aware of the risks by the doctor, medical professionals must do everything possible to reduce the possible harm. If the doctor fails to do so and an injury occurs as a result, the victim could have a valid medical malpractice claim against the doctor.
Like every other personal injury, there are time limits on medical malpractice claims. You have one year from the date you first realized the doctor’s negligence caused an injury, or three years from the date the injury first occurred, whichever happens first. After this time has passed, you may not be able to file a medical malpractice claim in the state of California. This may seem like ample time for you to file a claim, but time can fly quickly when you are recovering from an injury and dealing with complicated legal matters. That’s why you should always speak to an attorney as soon as you suspect you are a victim of medical malpractice.
If you believe you are a medical malpractice victim, speak to Orange County medical malpractice attorney Chris Purcell right away to discuss your legal options.
COMPENSATION FOR MEDICAL MALPRACTICE
Medical malpractice often leads to serious, lifelong injuries. Because of the severity of these cases, many victims receive large amounts of compensation, but that is never a guarantee. The amount and type of compensation is determined on a case-by-case basis.
Economic damages, which are also known as actual or compensatory damages, are designed to repay a victim for any medical expenses or lost wages that have resulted because of the injury. California places no limit on the amount of economic damages a victim can receive as it depends on how much you have suffered from the injuries.
Another type of compensation you may be entitled to in your medical malpractice case is non-economic damages. These damages compensate a victim for the mental or emotional anguish and distress they have suffered from as a result of the accident. Unlike economic damages, non-economic damages are capped in California. Currently, there is a $250,000 cap on these damages, so you will not be awarded more than $250,000 for your pain and suffering caused by medical malpractice.
Lastly, the victim could also be entitled to punitive damages, but this is not as common as economic and non-economic damages. Punitive damages are awarded as a way to punish the medical professional for what the court believes is reckless or extremely negligent behavior. This is usually only awarded when the victim’s attorney can prove the doctor acted with some degree of malice or fraud. California does not place a limit on punitive damages.
Remember, compensation can never be guaranteed in your medical malpractice case. To determine whether you are eligible to receive compensation, speak to Orange County medical malpractice attorney Chris Purcell right away. Call today to schedule a free legal consultation to review the details of your case.
STANDING FOR YOU
If you’ve been injured in a malpractice incident in Orange County, let, Orange County medical malpractice lawyer, Chris Purcell help. He is committed to helping you get your life back on track after malpractice. Chris represents clients throughout Orange County including Irvine, Santa Ana, Costa Mesa, Anaheim, and San Juan Capistrano. Claims are handled on a contingency fee basis, so you pay no fees unless and until Purcell Law recovers compensation for you. To arrange a free consultation with an experienced Orange County medical malpractice lawyer, call 714-884-3006 or contact Chris by email today.