Some General Considerations
If you wish to contact our law firm, our initial consultation is free to patients who want to investigate the possibility of filing a claim for medical malpractice.
Not every unsuccessful surgical procedure or treatment qualifies as “medical negligence” or “medical malpractice.” However, sometimes poor results are medical negligence and a doctor, hospital or other medical provider may be “liable” or legally responsible for the injury, damage, or consequences that follow.
In order to determine if the treatment your doctor, chiropractor, dentist, hospital, or other medical provider has given you (or failed to give you) might be the basis for a claim or lawsuit for medical malpractice, you should first get copies of all of the medical records from that doctor, hospital, etc. Under California law, the patient is entitled to a copy of his or her medical records from each practitioner. If you make the request for record copies by telephone or in person, it is always a good idea to follow up the oral request with a written request (and keep a copy).
After you have gotten copies of all of your medical records, you can then contact an attorney who specializes in filing and prosecuting medical malpractice cases. Make sure you contact an attorney who has experience in taking such cases to trial, because if a claim is made on your behalf and it cannot be settled, it might have to go to trial. If the attorney you hire has no experience in doing medical malpractice trials, he or she will have to give your case to another attorney who does have that kind of experience. Changing attorneys during a lawsuit can present problems, so you may want to hire an attorney who can handle your case “from start to finish” and not simply someone who will have to refer you to a trial attorney if he or she can’t get the insurance company for the party you sued to pay damages to you to settle your claim.
How Do I Know If I Have A Case?
Most medical malpractice attorneys will have to send your medical records to a medical expert (a licensed doctor) to review and give an opinion if the care you received was “negligent” or “below the standard of care” that other similar doctors, hospitals, etc. would use in treating a patient like you. The expert can also give an opinion that your doctor, the hospital, etc. should have given you different care and the failure to give that care was “negligent.”
Each case will depend on its own facts and only an experienced medical malpractice attorney, in concert with an experienced medical expert, can give you an opinion whether your case is worth pursuing in court. Our office relies upon a group of experienced doctors and medical practitioners to assist us in reaching a conclusion about our clients’ cases that is based upon sound medicine and solid evidence.
What Should I Do?
If you believe you received negligent medical care and wish to pursue a claim or lawsuit against a medical care provider, you should consult with a lawyer quickly because the law limits the time within which you can file a claim or lawsuit. The more time you give your lawyer to prepare the case before a lawsuit has to be filed, the stronger the case can be made on your behalf. If you’re not sure you want to “sue your doctor,” we recommend that you speak with a lawyer anyway to discuss your rights and what may have to be done in the event you do want to file such a claim.
Woodland Hills Medical Malpractice and Medical Negligence Trial Lawyer – Free Consultation
If you have suffered harm as the result of medical negligence, contact our law firm today to schedule a free initial consultation. Together we can explore all your options to pursue any compensation you may be entitled to receive.
Diane Goldman is an experienced trial lawyer representing victims of medical malpractice throughout Ventura County and Western Los Angeles County including Woodland Hills, Tarzana, Encino, North Ridge, Studio City, Agoura Hills, West Hills, Chatsworth, Canoga, Calabassas, Hidden Hills, Moorpark, and surrounding areas.