Diligent San Diego Attorney Stands Up for Patients in Cases of Medical Malpractice
Respected lawyer helps injured Californians file claims against healthcare providers
Patients trust their doctors to heal them, not to harm them. But healthcare providers are not infallible. They can, and do, make mistakes that cause injuries, illnesses and even death. At Chivinski Law Firm, APC, I stand up for victims of medical negligence, helping them to recover compensation to pay for the economic and emotional damages they’ve suffered. My firm represents clients throughout San Diego and the greater Southern California area in medical malpractice cases.
What constitutes medical malpractice?
Not all mistakes during medical procedures equal malpractice. For an error to be considered malpractice, it must have these elements:
- There was an established doctor-patient relationship
- The doctor (or other provider) acted outside of the recognized standard of care
- The healthcare provider’s actions or negligence directly caused harm
- The victim incurred damages associated with the harm
If your case warrants it, I will work to prove malpractice occurred and take on your provider and their insurer to pursue the compensation you deserve.
What are the most common medical malpractice claims?
Some of the most common reasons for medical malpractice claims include:
- Surgical injuries from operating mistakes or anesthesia errors
- Misdiagnosis, delayed diagnosis or failure to diagnose an illness or condition
- A birth injury sustained by the baby or mother during childbirth
- Errors in prescribing or administering medications
Healthcare professionals generally strive to provide quality care, but all it takes is one careless doctor to alter your life forever. If you or your child has suffered an injury, I will guide you through the process of filing a personal injury claim for medical malpractice.
What damages are available in a claim?
Damages in malpractice claims may include compensation for the income lost when your condition prevents you from working, medical expenses related to your injuries and emotional and physical pain and suffering. Currently, California has a cap of $250,000 on pain and suffering and other non-economic damages in malpractice cases. Under new legislation, this cap will rise to $350,000 for injury cases beginning in January 2023 and will increase by $40,000 each year after until it reaches $750,000. For wrongful death cases, which also currently have a $250,000 non-economic damage cap, the limit will rise to $500,000 next year and will increase each year by $50,000 until reaching $1 million.
What is the deadline for filing a medical malpractice lawsuit?
In general, under California law you have three years from the date the injury happened, or one year from the date you discovered you were injured or should have discovered the injury using “reasonable diligence” to file a medical malpractice lawsuit. There are some exceptions to these deadlines, including in cases involving minors. I can advise you about specific deadlines based on the circumstances of your case.
Contact a knowledgeable medical malpractice attorney for help
At Chivinski Law Firm, APC, I help people throughout the San Diego area and Southern California who have been seriously harmed by healthcare providers’ negligence file medical malpractice lawsuits. To schedule a free consultation, call 619-403-9935 or contact me online.