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Medical Malpractice

Mayberry Law - Medical Malpractice Lawyers in California

Medical malpractice is one of the most common types of injury cases, often resulting from healthcare negligence. When medical professionals make mistakes, the consequences can be severe and life-altering. Our experienced attorneys focus in handling cases involving misdiagnosis, surgical errors, medication mistakes, and more.

We provide comprehensive legal representation, including case evaluation, evidence gathering, negotiating with insurance companies, and defending your rights in court. At Mayberry Law, we are dedicated to securing the justice and compensation you deserve. Contact us today for a free consultation and learn how we can assist you.

What Is Medical Malpractice?

Medical malpractice happens when a provider makes a mistake. The mistake harms a patient. This can include misdiagnosis. It can include surgical errors, medication mistakes, birth injuries, and negligence in care. For malpractice, a case needs to show that the provider had a duty of care.

They must show that the provider breached that duty and directly caused harm. This harm must have resulted in damages. For example, a doctor failing to diagnose a serious illness is an example. So is a surgeon operating on the wrong body part. And so is a nurse giving the wrong medication. If you suspect malpractice, seek a second opinion. Gather medical records and document everything. Then, contact our experienced medical malpractice lawyer for a free consultation.

Types of Medical Malpractice Cases We Handle

At Mayberry Law, our medical malpractice lawyer focuses in a wide range of medical malpractice cases. If you need a medical malpractice lawyer, our experienced attorneys are dedicated to helping victims of healthcare negligence get the justice and compensation they deserve. Here are the main types of medical malpractice cases we handle:

Misdiagnosis and Delayed Diagnosis

Misdiagnosis or delayed diagnosis can have serious consequences for patients. When a healthcare provider fails to diagnose a condition correctly or on time, it can lead to incorrect or delayed treatment, worsening the patient’s condition.

Commonly misdiagnosed conditions include cancer, heart attacks, and infections. Our medical malpractice lawyers work hard to prove that the misdiagnosis or delay was due to negligence and seek compensation for the harm caused.

Surgical Errors and Mistakes

Surgical errors are among the most devastating types of medical malpractice. These mistakes can include operating on the wrong body part, leaving surgical instruments inside the patient, or performing the wrong procedure. Such errors can lead to severe complications, infections, and even death. At Mayberry Law, our team of medical malpractice lawyer thoroughly investigates these incidents and holds surgeons and staff accountable for their actions.

Medication and Prescription Errors

Medication errors can happen when a healthcare provider prescribes the wrong medication or dose, or fails to recognize harmful drug interactions. These mistakes can cause significant health problems, including allergic reactions, overdoses, and worsening of existing conditions.

Our medical malpractice lawyer have extensive experience handling medication error cases, ensuring that victims receive the compensation needed for their suffering and medical expenses.

Birth Injuries and Obstetric Malpractice

Birth injuries can result from negligence during prenatal care, labor, or delivery. These injuries can cause long-term or permanent damage to both the mother and the child. Common issues include brain injuries, fractures, and cerebral palsy resulting from improper use of forceps or vacuum extractors. At Mayberry Law, we understand the pain of birth injuries and are committed to fighting for justice and support for affected families.

Hospital and Nursing Home Negligence

Negligence in hospitals and nursing homes can lead to severe patient harm. It includes poor patient care and a failure to prevent infections. It also includes mismanagement of chronic conditions. Such negligence can result in significant health complications or even death. At Mayberry Law, our malpractice lawyer excels at proving negligence in hospitals and nursing homes. We ensure victims and their families get the compensation they deserve.

File Your Medical Malpractice Case

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The Impact of Medical Malpractice on Patients and Families

Medical malpractice can have severe and lasting effects on patients and their families. A healthcare provider’s mistake can cause great harm. The consequences are often far-reaching and deeply personal. Here are some key impacts:

Physical and Emotional Trauma

Physical injuries: Patients may suffer from worsened conditions, new injuries, or long-term health issues due to misdiagnosis, surgical errors, or incorrect treatments.
Emotional distress: The trauma of experiencing medical malpractice can lead to anxiety, depression, and a loss of trust in medical professionals.

Financial Burden

Medical expenses: Victims often face high medical bills for corrective treatments, surgeries, and ongoing care.
Lost wages: Patients and their families may lose income due to the patient’s inability to work or need for long-term care.
Future earning capacity: Severe injuries can impact the patient’s ability to earn a living in the future, affecting the family’s financial stability.

Impact on Quality of Life

Daily life disruptions: Ongoing medical issues can make everyday activities challenging or impossible.
Chronic pain and suffering: Many patients endure constant pain and discomfort as a result of medical errors.

Effects on families

Caregiving responsibilities: Family members often have to take on the role of caregivers, which can be physically and emotionally demanding.
Emotional strain: The stress of dealing with a loved one’s suffering can strain family relationships and mental health.
Financial stress: The costs associated with medical malpractice can deplete family savings and lead to financial hardship.

Legal Recourse and Support

Seeking justice: Filing a medical malpractice claim can help secure compensation for medical bills, lost wages, and pain and suffering.
Legal support: Our experienced attorneys provide compassionate and comprehensive support to help families navigate the legal process and achieve justice.

At Mayberry Law, we know that medical malpractice can deeply affect your life and how important a medical malpractice lawyer is. That’s why we aim to get you the compensation you deserve. This will help you and your family recover and move on. If you or a loved one has been affected by medical malpractice, contact us today for a free consultation.

Consult Our Medical Malpractice Lawyer

At Mayberry Law, our experienced medical malpractice lawyer will provide the guidance and support you need to protect your rights and achieve justice.

Call (213) 348-9169 today for a free consultation.

Pediatric Medical Malpractice: Protecting Your Children’s Health

Children are especially vulnerable to medical errors. So, pediatric malpractice is a big concern. Mistakes in treating young patients can have severe, lasting effects. Here’s how you can help protect your children’s health and ensure they receive the care they deserve:

Common Types of Pediatric Medical Malpractice

Misdiagnosis and delayed diagnosis

Children’s symptoms can be easily misinterpreted, leading to incorrect or delayed treatment.
Conditions like infections, appendicitis, and congenital disorders are often misdiagnosed.

Medication errors

Incorrect dosages or wrong medications can be especially harmful to children due to their smaller size and developing bodies.
Mistakes in prescribing or administering drugs can cause severe side effects or worsen the child’s condition.

Birth injuries

Errors during labor and delivery can result in birth injuries such as cerebral palsy, brachial plexus injuries, and fractures.
Improper use of delivery tools or failure to monitor the baby’s health can lead to long-term disabilities.

Surgical errors

Pediatric surgeries require professional knowledge and skills. Errors during these procedures can lead to complications, infections, or permanent damage.

The Impact on Children and Families

Physical harm

Children may suffer from long-term or permanent health issues due to medical mistakes, affecting their growth and development.

Emotional and psychological effects

The trauma of medical errors can lead to anxiety, depression, and behavioral problems in children.
Families also experience emotional distress, worrying about their child’s health and future.

Financial burden

Medical malpractice can result in significant medical expenses for ongoing treatments, therapies, and special care.
Parents may face lost income due to taking time off work to care for their injured child.

Steps to Take if You Suspect Pediatric Medical Malpractice

Seek a second opinion: Consult another pediatric professional to verify the diagnosis and treatment.
Collect medical records: Gather all medical documents, including test results, prescriptions, and treatment notes.
Document symptoms and treatment: Keep a detailed record of your child’s symptoms, treatments, and any changes in their condition.

California Medical Malpractice Laws

It’s vital to know medical malpractice laws in California. This is true for anyone who thinks they are victims of healthcare negligence. These laws detail the claim-filing process, requirements, and deadlines. They also specify the recoverable damages. Here’s an overview of key aspects of medical malpractice laws in California:

Statute of limitations

The statute of limitations is the time frame within which you must file a medical malpractice claim. In California, the law generally requires that:

You file a claim within one year from the date you discovered, or should have discovered, the injury caused by malpractice.
Or, within three years from the date the injury occurred, whichever comes first.

There are some exceptions to this rule, such as cases involving minors or instances where the injury was not immediately apparent.

Cap on Non-Economic Damages

California law places a cap on non-economic damages in medical malpractice cases. Non-economic damages refer to compensation for pain and suffering, emotional distress, loss of enjoyment of life, and similar harms. The cap is set at $250,000, regardless of the severity of the injury.

Requirements for Filing a Claim

Before filing a medical malpractice lawsuit in California, the following requirements must be met:

Notice of intent: California law requires that you notify the healthcare provider of your intention to file a lawsuit at least 90 days before filing the claim. This notice should include a brief description of the alleged malpractice, the injuries suffered, and the amount of compensation sought.
Skilled testimony: To support your claim, you will need testimony from a qualified medical professionals who can establish that the healthcare provider’s actions deviated from the standard of care and directly caused your injury.

Comparative Negligence

California follows the rule of comparative negligence in medical malpractice cases. This means that if the injured party is found to be partially at fault for their own injury, their compensation will be reduced by their percentage of fault. For example, if you are found to be 20% at fault and are awarded $100,000 in damages, your compensation will be reduced to $80,000.

Types of Damages

In a medical malpractice case in California, you can seek various types of damages, including:

Economic damages: These cover tangible losses such as medical bills, lost wages, and future medical expenses.
Non-economic damages: These compensate for intangible losses like pain and suffering, emotional distress, and loss of companionship.
Punitive damages: In rare cases, where the healthcare provider’s conduct was especially egregious, punitive damages may be awarded to punish the provider and deter similar conduct in the future.

Legal Process

The legal process for a medical malpractice claim in California typically involves:

Consultation with an attorney: Discuss your case with a medical malpractice lawyer to evaluate its merits.
Investigation and gathering evidence: Your attorney will collect medical records, professional opinions, and other evidence to build your case.
Filing the claim: Your attorney will file the necessary legal documents to initiate the lawsuit.
Pre-trial proceedings: This includes discovery, where both sides exchange information and evidence, and possibly settlement negotiations.
Trial: If the case does not settle, it will go to trial where both sides present their arguments, and a judge or jury will decide the outcome.

How Mayberry Law Approaches Medical Malpractice Cases

Proving a workplace retaliation case requires demonstrating that your employer took adverse action against you because you engaged in a protected activity. To build a strong case, it’s crucial to understand and provide evidence for the key elements involved. Here are the steps to effectively prove a workplace retaliation case:

Engage in a protected activity: To prove retaliation, you must first show that you engaged in a legally protected activity, such as filing a complaint, participating in an investigation, opposing unlawful practices, or exercising legal rights like taking medical leave or requesting accommodations.
Demonstrate negative actions against you: You need to show that your employer took negative actions against you in response to your protected activity. These adverse actions can take various forms, including termination, demotion, salary reduction, and negative performance reviews,among others.
Establish a causal connection: Evidence for this can include the timing of the actions, employer statements indicating a retaliatory motive, a pattern of similar behavior towards others, inconsistent reasons provided by the employer, and detailed documentation of events.
Gather evidence: Collect and organize relevant evidence such as witness testimonies, documents and records (e.g., complaints, emails, performance reviews), and personal logs or journals detailing the incidents.
Seek legal assistance: Due to the complexity of retaliation cases, it’s essential to seek help from experienced retaliation attorney California. They can assist in gathering evidence, building your case, and providing effective representation to achieve a favorable outcome.

Take The First Step

If you believe you are dealing with a medical malpractice case, it is essential to act quickly to protect your rights and build a strong case. Contact us today to schedule your free consultation and take the first step towards justice.

Call (213) 348-9169 today for a free consultation.

Steps to Take If You Suspect Medical Malpractice

If you believe you or a loved one has been a victim of medical malpractice, taking quick and informed steps can help protect your health and legal rights. Here are the crucial steps to follow if you suspect medical malpractice:

Seek a second opinion: Your health is the top priority. If you suspect that a healthcare provider has made a mistake, get a second opinion from another doctor. This can help show if malpractice happened. It can also give an accurate diagnosis and treatment plan.

Collect medical records: Gather all medical records related to the treatment in question. This includes doctor’s notes, test results, prescriptions, and any other documentation. You need comprehensive records for your case. They show the care and any errors you suffered.

Document everything: Keep detailed notes about your medical treatment. Include the dates and times. Document your symptoms and any changes in your condition. Also, record how the suspected malpractice has affected your daily life. This information can be vital in establishing the extent of harm caused.

Avoid confrontations with healthcare providers: It might be tempting to confront the healthcare provider. But, it’s often best to avoid this. Instead, focus on gathering information and let your attorney handle communications with the provider or their representatives. Confrontations can sometimes complicate your case.

Consult a medical malpractice lawyer: Contact a qualified medical malpractice lawyer as soon as possible. A seasoned attorney can evaluate your case. They can explain your rights and guide you through filing a claim. They will also help you understand the statute of limitations for your case. It is the deadline for taking legal action.

Preserve evidence: Keep any physical evidence that may help your case. This includes medication bottles, medical devices, and personal notes about your treatment. This evidence can be critical in proving your claim.

File a complaint with the medical Board: Consider filing a complaint with the California Medical Board. This won’t lead to compensation. But, it can lead to an investigation into the healthcare provider’s practices. It can also help prevent similar incidents.

Follow your new doctor’s advice: Continue to follow the treatment plan provided by your new healthcare provider. Following medical advice is vital for your recovery. It also shows that you are taking steps to reduce your harm.

Stay organized: Keep all documents, records, and notes organized and easily accessible. This will help your lawyer build a strong case and ensure that no critical details are overlooked.

Be patient: Medical malpractice cases can be complex and time-consuming. Expect a long process. Trust your attorney to handle the legal issues while you focus on your health and recovery.

What Compensation Can You Receive in a Medical Malpractice Case?

In California, medical malpractice victims can get compensation for their losses. There are three types of compensation: economic, non-economic, and, in rare cases, punitive damages.

Economic Damages

Medical expenses: Covers all costs related to the treatment of the injury caused by malpractice, including hospital bills, surgeries, doctor visits, medication, rehabilitation, and future medical expenses.
Lost wages: Compensation for income lost due to time off work during recovery. This includes both past and future lost wages if the injury affects long-term work ability.
Loss of earning capacity: If the injury results in a long-term or permanent disability affecting your earning ability, you may receive compensation for reduced earning capacity.
Out-of-pocket expenses: Reimbursement for additional expenses like transportation to medical appointments or home modifications due to disability.

Non-Economic Damages

Pain and suffering: Compensation for physical pain and discomfort caused by the malpractice.
Emotional distress: Covers the psychological impact of the injury, including anxiety, depression, and loss of enjoyment of life.
Loss of consortium: Compensation for negative effects on your relationship with your spouse, such as loss of companionship and support.

Punitive Damages

Punitive damages may be awarded for very reckless or egregious conduct by the healthcare provider. These damages aim to punish the wrongdoer and deter future misconduct. They are rare and require clear and convincing evidence of intentional misconduct or gross negligence.

Cap on Non-Economic Damages

California law imposes a cap on non-economic damages in medical malpractice cases. The cap on non-economic damages, like pain and suffering, is $250,000. There is no cap on economic damages, so compensation for medical bills, lost wages, and other financial losses is not limited.

Determining Compensation

The severity of your injury.
The impact of the injury on your life and ability to work.
The extent of the healthcare provider’s negligence.
The evidence presented to support your claim.

The Consequences of Misdiagnosis in Rare Diseases

Misdiagnosis in rare diseases can have severe and far-reaching consequences for patients. Rare diseases affect fewer than 200,000 people in the U.S. Their rarity and limited medical knowledge create unique challenges. Here are some critical consequences of misdiagnosing these conditions:

Delayed or incorrect treatment: A misdiagnosis can lead to delayed or incorrect treatment, which can worsen the patient’s condition. Early and accurate diagnosis is crucial for managing rare diseases, and any delay can result in rapid disease progression and irreversible damage.
Prolonged suffering: Patients with rare diseases often endure prolonged physical and emotional suffering due to misdiagnosis. They may receive treatments for the wrong condition, which not only fails to alleviate their symptoms but can also cause additional health problems.
Emotional distress: The uncertainty and frustration of living with a misdiagnosed rare disease can lead to significant emotional distress. Patients may feel anxious, depressed, and hopeless as they struggle to find answers and effective treatment.
High medical costs: Misdiagnosis often results in repeated medical tests, unnecessary treatments, and consultations with multiple professionals. This can lead to substantial medical expenses and financial strain on patients and their families.
Erosion of trust: Repeated misdiagnoses can erode trust in healthcare providers. Patients may become skeptical of medical advice and reluctant to seek further care, which can exacerbate their condition.
Development of complications: Without proper diagnosis and treatment, rare diseases can lead to serious complications and comorbidities. For example, untreated genetic disorders might result in organ damage, neurological deficits, or other life-threatening conditions.
Reduced quality of life: Misdiagnosis can severely impact a patient’s quality of life. Chronic pain, disability, and the inability to perform daily activities can make life extremely challenging and reduce overall well-being.
Family burden: The burden of caring for a loved one with a misdiagnosed rare disease can strain family relationships. Caregivers may experience stress, fatigue, and financial difficulties, affecting the entire household.
Missed opportunities: Patients with rare diseases often benefit from professional treatments and clinical trials. Misdiagnosis can cause them to miss out on these opportunities, potentially limiting their treatment options and chances for improvement.
Need for legal and medical advocacy: Patients who have been misdiagnosed may require legal assistance to seek compensation for their suffering and to cover medical expenses. They might also need advocates to help navigate the complex healthcare system and find the right professionals.

Contact Our Medical Malpractice Lawyers Today

Our experienced medical malpractice lawyer will help you navigate the complexities of your case and fight for the justice you deserve. Contact us today to discuss your situation and take the first step towards securing the compensation and peace of mind you need to move forward.

Call (213) 348-9169 today for a free consultation.

FAQs: Medical Malpractice Lawyer Services in California

Does medicare have legal advice in case of medical malpractice?

No, Medicare does not provide legal advice or representation in cases of medical malpractice. Medicare is a federal health insurance program that primarily provides coverage for individuals aged 65 and older, certain younger people with disabilities, and people with End-Stage Renal Disease. While Medicare covers medical expenses, it does not offer legal services or advice for medical malpractice claims.

If you believe you have been a victim of medical malpractice, it is important to seek assistance from a qualified medical malpractice lawyer. These attorneys specialize in handling cases of healthcare negligence and can provide the necessary legal guidance and representation. They can help you understand your rights, gather evidence, and pursue compensation for your injuries and losses.

What damages does a patient have to incur to file medical malpractice suit?

A patient must have specific damages to file a malpractice suit. These damages must be due to a provider's negligence. These damages are categorized into three types:

Economic damages.
Non-economic damages.
Punitive damages.

To better understand the damages and compensations of your case, contact a medical malpractice lawyer.

Do medical malpractice cases ever get settled before they go to trial?

Yes, many medical malpractice cases are settled before going to trial. Settling can provide faster resolution, guaranteed compensation, and reduced stress for patients. For healthcare providers, it can lower legal costs, manage risk, and ensure confidentiality. Most cases settle due to clear liability, cost-benefit analysis, and the desire for closure.

How much to ask for in a personal injury settlement?

The amount to ask for in a personal injury settlement depends on several factors, including the severity of your injuries, the impact on your life, and the financial losses you have incurred. Here are key components to consider:

Medical expenses: Total your current and future medical costs.
Lost wages: Include income lost due to the injury and potential future earnings.
Pain and suffering: Estimate compensation for physical pain and emotional distress.
Out-of-pocket expenses: Add any extra costs like transportation and home care.
Property damage: Factor in costs for repairing or replacing damaged property.

Does a personal injury settlement affect medicaid?

Yes, a personal injury settlement can affect Medicaid in California. Here’s how:

Eligibility: Settlements can affect Medicaid eligibility due to income and asset limits.
Spend-down: Use the settlement for medical expenses to remain eligible.
Special needs trust: Set up a trust to keep eligibility.
Report settlement: Always report the settlement to Medicaid.

Are personal injury settlements taxable?

No, personal injury settlements are generally not taxable. Compensation for physical injuries or sickness is excluded from gross income under federal tax law. However, any interest earned on the settlement or compensation for lost wages and punitive damages may be taxable. Always consult a tax professional for specific advice.

How do i file a personal injury lawsuit?

To file a personal injury lawsuit, follow these steps:

Consult an attorney: Seek legal advice from a personal injury lawyer.
Gather evidence: Collect all relevant documents, including medical records and accident reports.
File a complaint: Your attorney will draft and file a complaint with the court, outlining your case and damages.
Serve the defendant: The defendant must be formally notified of the lawsuit.
Engage in discovery: Both parties exchange information and evidence.
Attempt settlement: Often, cases are settled out of court through negotiation or mediation.
Go to trial: If no settlement is reached, your case will go to trial where a judge or jury will decide the outcome.

What to do after a car accident?

Ensure safety

Move to a safe location if possible.
Turn on hazard lights.

Check for injuries

Check yourself and passengers for injuries.
Call 911 for medical assistance if needed.

Call the police

Report the accident to the police, even if it’s minor.
Get a copy of the police report.

Exchange information

Exchange names, contact information, and insurance details with the other driver.
Note down the make, model, and license plate of the involved vehicles.

Document the scene

Take photos of the accident scene, vehicle damage, and any visible injuries.
Note the time, date, and weather conditions.

Gather witness information

Collect names and contact details of any witnesses.

Notify your insurance company

Report the accident to your insurance company as soon as possible.
Provide them with all the gathered information.

Seek medical attention

See a doctor even if you feel fine; some injuries may not be immediately apparent.

Keep records

Maintain a file of all documents related to the accident, including medical bills, repair estimates, and correspondence with insurance companies.

Consult a medical malpractice lawyer

Seek legal advice if you experience significant injuries or property damage.
An attorney can help you understand your rights and navigate the claims process.

California Areas Served

Mayberry Law will consider any disability or accident claim case within greater California, including the following Greater Los Angeles suburbs and nearby cities and towns.

LOS ANGELES SUBURBS SERVED

Long Beach
Anaheim
Santa Ana
Riverside
Santa Clarita
Glendale
Huntington Beach
Rancho Cucamonga
Garden Grove
Lakewood

Fullerton
Orange
Simi Valley
Murrieta
Temecula
Costa Mesa
Buenaventura City (Ventura)
Burbank
West Covina
Tustin

Corona
Chino
Santa Monica
Indio
Wesminster
Lake Forest
Alhambra
Chino Hills
Buena Park
Bellflower

SURROUNDING CITIES & TOWNS

Get Started With Your Case

Give us a call and see for yourself if we’re the right fit for you. The initial consultation is free.

TESTIMONIALS

Client Reviews

Mayberry’s skilled team of attorneys in California is delighted to have made a positive impact in the lives of our clients. Learn about their journey from their reviews of our firm.

CeDeDan

16:16 13 Jun 23

My experience with the Mayberry Law Firm was phenomenal! They are very caring, honest, and will get the job done to the best of their ability. I highly recommend them for your legal needs!Thank you so much to this great law firm!

Sanam VQ

04:15 25 Jun 21

I don’t usually write a review unless an experience was exceptionally good or exceptionally bad. Mayberry Law is one of those firms that gives a good name to law firms and lawyers everywhere. You get all the advantages of working with a brilliant seasoned attorney, partnered with his son, a gifted Harvard Law degreed millennial. Brett has spent his long career focusing on representing people who are hurt in personal injury cases. His demeanor alone gives you a sense of security that you’re in expert hands. He is thoughtful in his approach and clear in his explanations. He doesn’t just tell you what you want to hear. He tells it like it is, no sugar coating, no sales pitch. He’s honorable and decent in a field where it’s often not the case. His younger partner, Quinn, brings a fresh and unique perspective. Together, they are really a great team. I was referred to them right after my young son had been in a car accident. Both Brett and Quinn made themselves available at the first meeting and with very little notice. They spent time explaining the process and the possible outcomes, and I felt all the fear and pressure get lifted off me. I knew I could trust them. Thankfully, everything turned out alright for my son, and I am forever grateful to the Mayberry Law firm.

Ethan Duckworth

16:15 14 May 21

Brent and Quinn are top notch attorneys with the experience , skill, and tenacity to obtain great results for their clients.I’ve known Quinn for 10+ years, and I can guarantee you won’t find an attorney with greater character and drive in the LA area.

Darren Wright

19:16 07 May 21

I felt like the attorneys at Mayberry Law actually cared about me and had my best interests at heart. They are disciplined and dedicated and worked tirelessly to make sure they represented me with excellence. If you’re looking for someone to represent your best interests with integrity and respect, look no further.

Saba Sadri

17:24 28 Apr 21

Brent and Quinn at Mayberry Law are really the best attorneys to have on your side. They’re very effective and professional and truly care about their clients. They know their stuff and are 100% the go to guys when you need a lawyer.