Medical Malpractice

CALIFORNIA MEDICAL MALPRACTICE ATTORNEYS

Serving Victims of Medical Negligence throughout Orange County Including Santa Ana, Riverside and Anaheim, CA

Medical Malpractice refers to negligence caused by a health care professional or institution that led to injury, harm or death of a patient. Doctors, health care professionals and medical facilities have a duty to uphold a standard of care. If they fail to meet the standard of care than they are liable for damages that you have sustained.

Medical Malpractice cases are often complex and many personal injury firms do not take such cases due to the litigation costs involved and the capped recovery amounts for victims of medical malpractice.

STATUTE OF LIMITATIONS FOR MEDICAL MALPRACTICE CLAIMS

The statute of limitations for medical malpractice is codified under California Code of Civil Procedure section 340.5 which states that the case must be brought “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered the injury” or within three years of the date of the injury whichever comes first.” Thus, under California if you know of an injury caused by a medical professional or institution, than you have 1 year to file a lawsuit. It is very important to contact a lawyer immediately when you believe malpractice has occurred.

WHY DO YOU NEED A MEDICAL MALPRACTICE ATTORNEY?

Insurance companies use tactics and find loopholes to protect the interests of their insured. They will typically deny liability or give you very little compensation for your injuries. Further, insurance companies spend large amounts of money hiring experts to protect their position and deny liability for medical malpractice claims.

At Sky Law Group, APC our attorneys represent clients in medical malpractice cases and our law firm uses its vast resources to help our clients receive the maximum settlement. We use some of the top medical experts in their respective fields. One of the many reasons we have obtained maximum settlements for our clients.

MALPRACTICE LAWYERS WHO DELIVER RESULTS IN ORANGE COUNTY

Frequently Asked Questions About Medical Malpractice in Orange County

What qualifies as medical malpractice in California?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury to a patient. This can include misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, birth injuries, anesthesia errors, and failure to obtain informed consent. The key is proving the provider acted negligently compared to what a competent professional would have done.

How long do I have to file a medical malpractice lawsuit in California?

California’s statute of limitations for medical malpractice is generally three years from the date of injury or one year from the date you discovered (or should have discovered) the injury, whichever comes first. For minors, different rules may apply. Because these deadlines are strict, it is critical to consult with an attorney as soon as you suspect malpractice.

Is there a cap on medical malpractice damages in California?

Yes, under California’s Medical Injury Compensation Reform Act (MICRA), non-economic damages (pain and suffering) in medical malpractice cases were historically capped at $250,000. However, AB 35 (effective January 2023) raised these caps significantly: up to $350,000 for cases not involving death, increasing by $40,000 annually, and up to $500,000 for wrongful death cases, increasing by $50,000 annually.

Do I need an expert witness for my medical malpractice case?

Yes, California law requires expert medical testimony to establish the standard of care and prove the healthcare provider’s negligence. Sky Law Group works with qualified medical experts across various specialties who can review your records and provide testimony to support your claim.

How much does it cost to hire a medical malpractice lawyer?

Sky Law Group handles medical malpractice cases on a contingency fee basis, meaning you pay nothing upfront and no fees unless we win your case. We cover all case costs including expert witness fees, medical record retrieval, and court filing fees. This allows victims to access top-quality legal representation regardless of their financial situation.

Contact our compassionate and experienced attorneys to help you resolve your medical malpractice claim. Call 1-844-4SKY-LAW today or use our online contact form, for a free, no obligation consultation with our experienced and dedicated legal team. If you can not come to us, we will come to you.