Orange County Medical Malpractice FAQ

Medical malpractice is a serious problem that can cause lifelong consequences for patients and their loved ones. Negligent actions made by healthcare professionals still happen, which is why you should be aware of your legal rights and options in this scenario. 

If you or a loved one’s life has been changed by medical malpractice, you have the chance to be compensated by taking legal action. Filing a claim is only your first step. To learn more about how a lawyer at Kohan & Bablove Injury Attorneys can help you recover, check out the questions below and speak with an attorney about your claim. 

What is considered medical malpractice?

Medical malpractice takes place when a care provider’s negligence results in injuries to a patient, which means they operated below the expected standard of care and failed to follow procedures that a professional with a similar background would have otherwise respected. It can happen at any point during medical procedures. 

Common examples of negligent behavior from doctors or nurses are misdiagnosis, failure to diagnose and prevent a dangerous condition, and adverse effects from administering the wrong medication. Failing to inform the patient of all known risks of a specific treatment or procedure can also be the cause of a lawsuit. 

Are all medical mistakes medical malpractice?

Modern medicine has yet to reach the point where flawless procedures with no room for errors exist. That’s why not all mistakes call for legal action. For a medical malpractice case to exist, you must be able to prove the existence of multiple elements, which will factor into the compensation you’ll receive if you win your case. 

The first step is proving that a healthcare professional had a duty to provide treatment that respected the standard of care, that this duty was breached, and that this breach is what led to your injuries. To better understand if you have a valid case, you should speak with an experienced personal injury attorney. 

What does my compensation cover?

If your claim is successful, you’ll be awarded a settlement amount that covers all current and future expenses, including the income you’ve lost due to your injuries if you were unable to work (lost wages) while taking your suffering and your mental state into consideration. These are usually referred to as economic and non-economic damage respectively. 

Calculating them without extensive knowledge of personal injury laws while you’re severely injured can feel impossible. It also wouldn’t be wise, as insurance companies can easily take advantage of the situation and lowball you. Don’t forget to consult with a malpractice attorney before making statements or accepting settlement offers. 

What is the statute of limitations and will it affect my case?

Every state has a time limit when it comes to all legal procedures. You need to operate within this deadline or you’ll lose all rights to compensation. For medical malpractice cases in Orange County, a lawsuit must be filed within one year of the patient discovering the injury or within three years of the date of the injury. 

Certain exceptions apply to this deadline in specific situations, such as a delay in discovering that you were injured by your doctor. However, the majority of claims will have to adhere to the aforementioned rules. Keep in mind that building an effective claim can take time, that’s why it would be in your best interests to seek compensation as soon as possible. 

How long will I have to wait before receiving compensation?

Medical malpractice cases can be complex and time-consuming. There’s no definitive answer to this question, as it depends on the nature of your injuries, the amount of evidence collected, the willingness of the parties to solve matters out of court, and how smooth negotiations go from the beginning to the end. 

Your best option for a speedy resolution is to seek legal representation. It’s a common strategy for insurance companies and negligent professionals to waste time in hopes of forcing you to accept a low settlement. An attorney knows how to negotiate aggressively and stop them from operating unethically. 

Get Answers from an Orange County Malpractice Attorney

When your health has been affected by negligence, it’s important that you act quickly. Fortunately, you don’t have to go through this ordeal alone. Our qualified lawyers at Kohan & Bablove Injury Attorneys can provide the answers you need to move forward with your claim. We can also handle all paperwork and negotiations while you focus on your recovery, 

If you’re ready to obtain the guidance required to be fairly compensated, you can reach our office and schedule a free case evaluation. Call 1-844-404-2400 or fill out the online contact form below.