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Medical Malpractice: Frequently Asked Questions (FAQ)

If you are dealing with the aftermath of medical malpractice or medical negligence, you likely have numerous questions. While a Bakersfield malpractice lawyer at our law firm will be happy to answer these for you during a free initial consultation, we have also included some frequently asked questions (FAQs) below for your convenience:

What is medical malpractice?

Medical malpractice is a legal term used to describe a failure of a medical professional to provide a level of patient care or treatment in accordance with accepted standards of the time. This may include mistakes, errors and other forms of misconduct that cause injury to or the wrongful death of a patient.

How long do I have to file a claim?

In California, a victim of medical malpractice typically has one year to file a claim. This would be one year from the date of injury or death, or from the date that the victim discovered or should have reasonably discovered the injury. The statute of limitations for minors is slightly different however, typically within three years of the injury or negligent act. To learn more about the specific amount of time you may have to file your claim, talk to a lawyer at Accident Lawyers today.

What financial damages may I be able to receive?

Although the specific damages you may be entitled to receive will vary depending on your particular case, following are some of the types of compensation that may be awarded in a medical malpractice claim: medical care, future medical treatment, lost wages, emotional trauma, pain and suffering, funeral costs, and loss of companionship.

How can I prove that the doctor acted negligently?

To prove liability in a malpractice claim, you must prove that the doctor had an obligation to you (i.e. you were a patient) and that he or she acted in a way that deviated from accepted medical standards. By working with medical professionals and other expert witnesses, your attorney can work to prove that the doctor failed to provide you with proper care.

Learn more about your legal rights in regard to your medical malpractice claim. Contact our firm today!