Medical Malpractice Wrongful Death
"We are just beginning to learn that medical malpractice
is the third leading cause of death in America,
just behind heart attacks and cancer.
The system protects bad doctors and their insurers."
- Rich Harris
is the third leading cause of death in America,
just behind heart attacks and cancer.
The system protects bad doctors and their insurers."
- Rich Harris
Medical Malpractice Wrongful Death - Easy to Allege, So Hard to Prove
If you believe you have a medical malpractice wrongful death claim you have an uphill battle. The system is designed to thwart your case. Let me explain why:
Time Limits for Claims and Lawsuits
First, you have a narrow window to bring the claim in California (just one year in most cases and three years in others). If your claim is against a county, state, or federal employee or facility you could even have to bring your claims sooner (within 6 months).
You Must Have Proof of Malpractice Before Pursuing the Claim
If you do not have a physician who will testify in your favor, your claim will be thrown out of court on a motion for summary judgment, and the defendant(s) could even sue you and your lawyer for malicious prosecution and seek costs of defending your claim.
Gathering testimony and evidence to support the claim is necessary just to get started. Medical records are expensive for attorneys to acquire through professional copy services...usually $.25-$.50 per page or more.
Lawyers Can Go Broke Pursuing These Claims
California law limits what lawyers can charge for attorney's fees in these cases. It is a tiered system and the fees can be as low as 15-25%. These fees are less than what lawyers make in other injury accident cases 33%-45% so there is less incentive to handle medical malpractice claims.
It often costs $1,000-$5,000 to have physicians review medical records, coroner reports, toxicology reports, etc just to determine if there is a case. On average, less than 10% of the cases reviewed by lawyers may be accepted.
Caps on Damages
The law allows healthcare providers to pay "non-economic" damages like pain and suffering and loss of love, comfort, society and affection, at reduced amounts....capped at $250,000. The loss of a non-income producing person (children and the retired person) is generally capped at $250,000.
Reporting Requirements May Force Physicians to Defend and Not Settle
If a physician or his/her insurer pays $30,001 or more for a settlement they are required to report the matter to the Medical Board of California. The physician risks disciplinary review and proceedings and in severe cases the loss of their license.
Now that you know what you are up against, you should not be deterred if you know that you can prove medical malpractice. Just be sure you can prove it.
Mr. Harris will refer medical malpractice wrongful death cases to other lawyers who specialize or limit their practice to medical malpractice.
Time Limits for Claims and Lawsuits
First, you have a narrow window to bring the claim in California (just one year in most cases and three years in others). If your claim is against a county, state, or federal employee or facility you could even have to bring your claims sooner (within 6 months).
You Must Have Proof of Malpractice Before Pursuing the Claim
If you do not have a physician who will testify in your favor, your claim will be thrown out of court on a motion for summary judgment, and the defendant(s) could even sue you and your lawyer for malicious prosecution and seek costs of defending your claim.
Gathering testimony and evidence to support the claim is necessary just to get started. Medical records are expensive for attorneys to acquire through professional copy services...usually $.25-$.50 per page or more.
Lawyers Can Go Broke Pursuing These Claims
California law limits what lawyers can charge for attorney's fees in these cases. It is a tiered system and the fees can be as low as 15-25%. These fees are less than what lawyers make in other injury accident cases 33%-45% so there is less incentive to handle medical malpractice claims.
It often costs $1,000-$5,000 to have physicians review medical records, coroner reports, toxicology reports, etc just to determine if there is a case. On average, less than 10% of the cases reviewed by lawyers may be accepted.
Caps on Damages
The law allows healthcare providers to pay "non-economic" damages like pain and suffering and loss of love, comfort, society and affection, at reduced amounts....capped at $250,000. The loss of a non-income producing person (children and the retired person) is generally capped at $250,000.
Reporting Requirements May Force Physicians to Defend and Not Settle
If a physician or his/her insurer pays $30,001 or more for a settlement they are required to report the matter to the Medical Board of California. The physician risks disciplinary review and proceedings and in severe cases the loss of their license.
Now that you know what you are up against, you should not be deterred if you know that you can prove medical malpractice. Just be sure you can prove it.
Mr. Harris will refer medical malpractice wrongful death cases to other lawyers who specialize or limit their practice to medical malpractice.
* Mr. Harris works each wrongful death case personally and leads a team of investigators, experts, paralegals, and legal specialists to win your case.