Medical Malpractice

TRUSTED MEDICAL MALPRACTICE LAWYERS IN SHERMAN OAKS

We specialize in handling medical malpractice cases throughout California. Our dedicated team understands the complexities and emotional toll that medical malpractice can bring. We are committed to providing compassionate and skilled legal representation to help you seek justice and compensation for your injuries.

WHY CHOOSE SHIGANIAN LAW

With Shiganian Law, you're choosing a partner with a history of substantial legal victories and a deep commitment to personal attention. Our attorneys, adept in handling a vast array of personal injury cases, offer unique insights that are critical to navigate the legal landscape. Our expertise is in understanding the story behind every case—crafting strategies that resonate with juries and judges alike.

COMMON TYPES OF MEDICAL MALPRACTICE

Medical malpractice can occur in various forms. Here are some common scenarios where medical negligence might be involved:

Misdiagnosis

This happens when a doctor incorrectly identifies a condition or misses a critical diagnosis, leading to unnecessary treatments or missed lifesaving interventions.

Delayed diagnosis

When a diagnosis is delayed, it can cause prolonged suffering and a worsening condition that could have been treated earlier.

Failure to treat

If a doctor fails to provide adequate treatment, despite knowing the condition, it can result in the patient's condition not improving or worsening.

Surgical errors

Mistakes during surgery, such as performing the wrong procedure, using unsterilized equipment, or incorrect administration of anesthesia, can have severe and sometimes irreversible consequences.

Birth injuries

Injuries to the mother or baby during childbirth due to medical negligence can lead to lifelong complications.

Medical product liability

If a medical device or product causes harm, the manufacturer can be held responsible for the injury.

WHO CAN SUE FOR MEDICAL MALPRACTICE IN CALIFORNIA?

Several parties can file a medical malpractice lawsuit, including:

• The individual directly harmed by the malpractice.

• Survivors such as spouses, parents, or children if the malpractice results in death.

• Parents or guardians can sue on behalf of an injured child.

THE MEDICAL MALPRACTICE LAWSUIT PROCESS

Suing a medical professional or facility for malpractice involves several steps:

Gathering evidence

It’s essential to collect testimony from medical experts, medical records, and any photos or videos that support your claim, along with medical bills.

Filing the lawsuit

An experienced attorney will help you file the necessary documents and initiate legal proceedings.

Negotiating settlements

Attorneys will work to reach a fair settlement, considering both the risks and benefits of going to trial versus settling out of court.

CALCULATING MEDICAL MALPRACTICE SETTLEMENTS

Determining the value of a medical malpractice case involves considering several key factors:

• Economic Damages: These encompass lost wages, medical bills, and the cost of necessary medical equipment.

• Future Losses: This includes estimating future earnings lost due to the injury.

• Non-economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life are also factored in.

• Settlement vs. Trial: The likelihood of a favorable jury verdict and the emotional toll of a trial on the client and their family are considered when deciding whether to settle.

Updated Caps on Damages:

• Non-death cases: As of January 1, 2023, the cap increased from $250,000 to $350,000. This cap will increase by $40,000 annually until it reaches $750,000 in 2033.

• Wrongful death cases: The cap increased from $250,000 to $500,000 on January 1, 2023. It will increase by $50,000 each year until it reaches $1,000,000 in 2033.

• Starting January 1, 2034, both caps will increase by 2% annually.

PROVING MEDICAL MALPRACTICE

To win a medical malpractice lawsuit, the following must be demonstrated:

• Duty of care: The medical professional had a responsibility to provide care.

• Breach of duty: The professional failed to meet the accepted standard of care, which typically requires expert testimony.

• Causation: The breach of duty directly caused the injury or worsened the condition.

• Damages: The injured party suffered actual damages such as physical injury, lost wages, medical expenses, and pain and suffering.

At Shiganian Law, we are dedicated to providing the expert legal guidance and support you need to navigate a medical malpractice case. Contact us today to discuss your situation and learn how we can help you achieve the justice and compensation you deserve.