California Medical Malpractice lawyers attorneys and wrongful death
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What is Medical Malpractice?
Medical malpractice or medical negligence occurs when a California doctor or other California healthcare provider breaches his or her duty to perform treatment to a California patient in accordance with the "standard of care". The "standard of care" in California requires that a healthcare provider exercise adequate skill, knowledge and care ordinarily possessed and exercised by other members of the profession acting under similar conditions and circumstances in California. Failure to exercise that standard of care constitutes medical malpractice. A California medical malpractice attorney or lawyer can assist you in determining whether you have personal injuries from medical malpractice that can result in recovery of money for your personal injuries from the doctor or other healthcare provider whose medical malpractice caused your injuries.
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What can I recover in a California Medical Malpractice law suit?
You should always consult a California medical malpractice attorney or lawyer to learn what damages you may be able to recover for the personal injuries you suffered as a result of the medical malpractice that gave rise to your legal claim. As in any other California personal injury case brought on your behalf by a California medical malpractice attorney or lawyer, the damages which can be recovered in a California medical malpractice law suit fall into two classifications: "special damages" and "general damages". "Special damages, or "economic", damages, are the "cost" of medical care, the "cost" of special medical devices, "costs" the California person with medical malpractice injuries will incur in order to continue to function, the loss of future earnings, and other "out of pocket" expenses/losses. "General Damages" or "non-economic" damages are the compensation to the injured person for the pain, suffering, disfigurement, embarrassment, loss of enjoyment of life, and other non-economic consequences of suffering the personal injuries caused by the medical malpractice. Your California medical malpractice lawyer or attorney will evaluate the type and amount of damages you may be entitled to recover from the doctor or other healthcare provider whose medical malpractice caused your personal injuries, or the wrongful death of your loved one.
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Legislative Limit on "Non-Economic/General" Damages
In 1975, the California Legislature limited a California resident with personal injuries caused by medical malpractice, or other personal injuries, ability to recover "non-economic" damages to $250,000. No matter how much pain the person with personal injuries has or will suffer, no matter how their future life has been altered, no matter the disfigurement, no matter that they will never walk again, hold their child, or enjoy the normal functions and joys of life, the limit on "non-economic damages" is $250,000. That California limit has not changed since 1975. Your California medical malpractice lawyer or attorney will help you determine whether you likely will recover the limit of non-economic damages from the physician who caused your medical malpractice injuries.
The Economics of a Medical Malpractice Lawsuit
When considering the costs of pursuing a California medical malpractice case ($50,000 to $100,000+ in costs) plus the attorney's fees for the California medical malpractice attorney or lawyer, and the projected outcome of a California jury award, it becomes apparent that the only "economically viable" medical malpractice cases are those with significant "economic damages" or serious injuries. Your California medical malpractice lawyer or attorney can help you determine whether your medical malpractice claim is "economically viable."
What about a California Wrongful Death caused by Medical Malpractice?
In lawsuits involving a California wrongful death, the same legal analysis by your California medical malpractice lawyer or attorney applies as any other California personal injury case, except for the non-economic damages and the California attorneys' fees. Non-economic damages for California medical malpractice injuries in California are limited to $250,000. In addition to non-economic damages the heirs of the person who suffered a wrongful death as a result of the California medical malpractice are entitled to recover medical and funeral expenses as well as loss of income that would have otherwise been received but for the wrongful death caused by the California medical malpractice. This situation results in most wrongful death cases of where the deceased was not supporting someone, being not "economically viable", even though a life has been wrongfully taken by the California medical malpractice. Your California medical malpractice attorney or lawyer can help you determine whether your loved one's wrongful death is a economically viable law suit.
Proving California Medical Malpractice
The California medical malpractice attorney or lawyer must gather and present legal evidence needed to prove that the California medical services provider fell below the California 'standard of care' and thus engaged in medical malpractice. The California medical malpractice attorneys and lawyers for those who suffer personal injuries as a result of California medical malpractice, must hire expert medical witnesses to testify about (1) the California "standard of care" for medical malpractice; (2) the California medical service provider's breach of that standard that resulted in medical malpractice; (3) the causal relationship between the negligence of the medical services provider and the personal injuries caused by the California medical malpractice; and (4) the cost of the future care for the personal injuries caused by the California medical malpractice; and (5) any loss of earnings over the lifetime of the person who was injured, or suffered a wrongful death, by the California medical malpractice. Most injured parties and their families cannot afford the cost of hiring these California medical experts which can be from $50,000 - $100,000+, especially when they are dealing with the personal injuries caused by the California medical malpractice. The injured parties and their families must rely on their California medical malpractice attorneys and lawyers to advance these costs with the expectation that the recovery from their California medical malpractice lawsuit will repay those costs. The part of the recovery by the person suffering the personal injuries from the California medical malpractice lawsuit that is available to repay those costs without compromising that injured party's future medical care, nursing care, equipment needs, or lost income is the "non-economic damages" portion of the California medical malpractice recovery, which has been limited by California law. A California medical malpractice attorney or lawyer can help you determine what kind of recoverable losses you may have experienced as a result of the California medical malpractice acts by the California physician.
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Alameda |
Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City |
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Alpine |
No Cities |
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Amador |
Amador, Ione, Jackson, Plymouth, Sutter Creek |
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Butte |
Biggs, Chico, Gridley, Oroville, Paradise |
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Calaveras |
Angels Camp |
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Colusa |
Colusa, Williams |
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Contra Costa |
Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek |
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Del Norte |
Crescent City |
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El Dorado |
Placerville, South Lake Tahoe |
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Fresno |
Clovis, Coalinga, Firebaugh, Fowler, Fresno, Huron, Kerman, Kingsburg, Mendota, Orange Cove, Parlier, Reedley, Sanger, San Joaquin, Selma |
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Glenn |
Orland, Willows |
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Humboldt |
Arcata, Blue Lake, Eureka, Ferndale, Fortuna, Rio Dell, Trinidad |
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Imperial |
Brawley, Calexico, Calipatria, El Centro, Holtville, Imperial, Westmorland |
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Inyo |
Bishop |
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Kern |
Arvin, Bakersfield, California City, Delano, Maricopa, Mcfarland, Ridgecrest, Shafter, Taft, Tehachapi, Wasco |
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Kings |
Avenal, Corcoran, Hanford, Lemoore |
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Lake |
Clearlake, Lakeport |
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Lassen |
Susanville |
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Los Angeles |
Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bellflower, Bell, Gardens, Beverly Hills, Bradbury, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park, Industry, Inglewood, Irwindale, La Canada Flintridge, La Habra Heights, Lakewood, La Mirada, Lancaster, La Puente, La Verne, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Walnut, West Covina, West Hollywood, Westlake Village, Whittier |
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Madera |
Chowchilla, Madera |
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Marin |
Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, Tiburon |
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Mariposa |
No Cities |
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Mendocino |
Fort Bragg, Point Arena, Ukiah, Willits |
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Merced |
Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced |
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Modoc |
Alturas |
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Mono |
Mammoth Lakes |
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Monterey |
Carmel-By-The-Sea, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove, Salinas, Sand City, Seaside, Soledad |
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Napa |
American Canyon, Calistoga, Napa, St Helena, Yountville |
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Nevada |
Grass Valley, Nevada City, Truckee |
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Orange |
Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, La Habra, Lake Forest, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda |
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Placer |
Auburn, Colfax, Lincoln, Loomis, Rocklin, Roseville |
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Plumas |
Portola |
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Riverside |
Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indian Wells, Indio, Lake Elsinore, La Quinta, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, Temecula, Wildomar |
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Sacramento |
Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho Cordova, Sacramento |
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San Benito |
Hollister, San Juan Bautista |
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San Bernardino |
Adelanto, Apple Valley, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa, Yucca Valley |
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San Diego |
Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista |
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San Francisco |
San Francisco |
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San Joaquin |
Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, Tracy |
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San Luis Obispo |
Arroyo Grande, Atascadero, El Paso De Robles, Grover Beach, Morro Bay, Pismo Beach, San Luis Obispo |
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San Mateo |
Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, Woodside |
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Santa Barbara |
Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, Solvang |
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Santa Clara |
Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale |
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Santa Cruz |
Capitola, Santa Cruz, Scotts Valley, Watsonville |
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Shasta |
Anderson, Redding, Shasta Lake |
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Sierra |
Loyalton |
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Siskiyou |
Dorris, Dunsmuir, Etna, Fort Jones, Montague, Mount Shasta, Tulelake, Weed, Yreka |
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Solano |
Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Vallejo |
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Sonoma |
Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, Windsor |
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Stanislaus |
Ceres, Hughson, Modesto, Newman, Oakdale, Patterson, Riverbank, Turlock, Waterford |
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Sutter |
Live Oak, Yuba City |
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Tehama |
Corning, Red Bluff, Tehama |
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Trinity |
No Cities |
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Tulare |
Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia, Woodlake |
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Tuolumne |
Sonora |
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Ventura |
Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, Thousand Oaks |
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Yolo |
Davis, West Sacramento, Winters, Woodland |
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Yuba |
Marysville, Wheatland |
