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I am trying to determine if we have a legal case against the…

Customer Question
I am trying to...

I am trying to determine if we have a legal case against the hospital and surgeon that traeted my father

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

CA

Lawyer's Assistant: Has anything been filed or reported?

No not yet my father just passed away, 6 days ago from a routine surgery.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have reason to believe something was missed during this procedure which should have halted the surgery which led to his passing

Submitted: 8 months ago.Category: Legal
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Answered in 3 minutes by:
12/13/2017
Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,925
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 8 months ago
thank you Ray,let me know if you need more detail.
Lawyer: Ray, Lawyer replied 8 months ago

You may well have a good medical malpractice claim under California law.Here in general, medical malpractice occurs when a healthcare professional breaches the standard of care when providing treatment to a patient.

This breach must then cause injury to the patient in order for the patient to have a medical malpractice case.

In California a standard of care is a technical term that refers to the generally accepted procedures and practices that all healthcare practitioners in the area would use when treating a patient suffering from a specific disease or ailment. This standard of care can vary depending on a number of factors, including the patient's age and overall health.

According to California malpractice law, a patient can file a medical malpractice claim up to one year after the discovery of the act that caused the injury or up to three years from the date that injury occurred. Whichever occurs first applies.

These strict time limits mean it is important for victims of medical malpractice to act fast here and seek to pursue it.

Under California law the money a patient seeks when filing a lawsuit against a medical provider for medical malpractice is known as damages. In medical malpractice cases, there are several types of damages available to an injured party. California malpractice law does place limits on some of these damages.

The first type of compensation is known as compensatory damages, which are also sometimes referred to as actual or economic damages. These compensate the victim for costs such as medical bills and lost wages due to missed days at work. California places no cap on this type of damages.

The next type of compensation is known as non-economic damages. These damages compensate the victim for things like pain, suffering, inconvenience, disfigurement, and physical impairment. In California, such damages are limited to $250,000. This means that the maximum a court can award an injured patient in a medical malpractice case for pain and suffering is $250,000.

Finally, patients may also seek punitive damages in certain situations. Punitive damages are awarded as a way to punish a medical provider for reckless behavior. Oftentimes, patients and their attorneys must prove that the healthcare professional actions involved malice or fraud in order to receive punitive damages. California does not place caps on punitive damages for most medical malpractice claims.

These are contingent fee cases you don't pay unless there is a recovery.

I hope you will pursue some justice here, I am so sorry for your loss of loved one.

Lawyer referral

https://www.lawyers.com/medical-malpractice/california/find-law-firms-by-city/

I appreciate the chance to help you today.Thanks again and thanks for rating 5 stars.

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