San Diego attorney Scott S. Harris specializes in medical malpractice
When a patient is injured or harmed by a doctor, nurse, or other healthcare professional due to negligence or failure to provide proper treatment, the injured patient may have grounds for a medical malpractice lawsuit.
Your injury must have been caused by an omission or a negligent act on the part of a doctor, nurse, or other medical provider. Errors can occur in diagnosis, treatment, medication, or aftercare. To have a valid claim for medical malpractice, you need to prove that a violation of the standard of care was committed, resulting in your injury and that your injury would not have occurred in the absence of negligence.
Additionally, you must demonstrate that your injury resulted in significant damages due to medical negligence. These damages could include disability, loss of income, pain and suffering, or any past, present, and future medical costs.
If you believe you or a loved one has been a victim of medical malpractice and are considering suing a doctor and/or other medical professional, you need to enlist the services of a lawyer that specializes in medical malpractice cases, for example, a misdiagnosis lawsuit.
Scott S. Harris, San Diego medical lawsuit lawyer, has more than 30 years of experience helping victims of medical malpractice. He is extremely knowledgeable when it comes to the tactics used by insurers to avoid having to pay claims.
What could you receive if you win?
Over 90% of malpractice claims are settled via medical malpractice settlements. Malpractice lawsuit trials are expensive, time-consuming, and without a guaranteed outcome, which both sides usually want to avoid. A trial may become necessary if the defense does not offer a fair and reasonable settlement or if the case has a very good chance of winning at a trial.
In 1975, California enacted The Medical Injury Compensation Reform Act which capped non-economic and non-medical damages in medical malpractice lawsuits to $250,000. Non-economic damages include claims for pain and suffering and loss of consortium, for example.
Therefore, in California, a plaintiff that reaches a medical malpractice lawsuit settlement or a jury award in a trial can only recover $250,000 in non-economic damages. However, California places no cap on economic or compensatory damages such as the cost of medical bills and lost wages.
Additionally, California places no cap on punitive damages which are awarded as a way to punish the defendant(s) for reckless and negligent behavior.
Problem with Kaiser? Scott has the experience to help
If you’re a member of Kaiser Permanente and you’re considering suing Kaiser for pain and suffering and other damages resulting from medical negligence on the part of one of Kaiser’s doctors or hospitals, there are certain limitations that prevent you from filing a lawsuit.
All Kaiser Permanente malpractice cases must be settled through an arbitration hearing. Scott S. Harris has experience dealing with the complexities of Kaiser Arbitration hearings.
Contact our offices to discuss your medical malpractice or Kaiser arbitration case.