How to Win a Medical Malpractice Lawsuit in California

Doctors are held in high regard in our society, and we expect them to take the health of their patients very seriously. That’s why it can be shocking to discover that you’ve been injured by a doctor’s carelessness. No, doctors aren’t perfect people, and they can make mistakes. But they are expected to do everything possible to prevent harming those they are meant to help.

If you’ve been injured because of a medical practitioner’s negligence, you may be looking into the process of filing a medical injury claim. There are many steps to winning a case for medical malpractice, and these cases are typically more complex than other types of personal injury cases.

Nevertheless, you are owed monetary compensation when you can prove a doctor’s substandard medical treatment caused you harm. So how do you win a medical malpractice lawsuit?

Gathering Evidence and Proving Your Injuries

Like almost all personal injury cases, you will be expected to provide evidence of fault and damages. “Damages” is a legal word used to refer to the negative effects of your medical injury.

For instance, did the medical injury cause you to undergo addition medical care to correct a doctor’s mistake? Did the medical injury cause your health to be worsened? Did you miss work because your injury or illness was exacerbated by the poor healthcare you received?

If you suffered injuries and damages because of the doctor’s poor treatment, then you should have a case for medical negligence. How do you prove it? Gathering evidence in medical injury cases requires extensive documentation. You should collect all the medical evidence you can get your hands on, and then you will likely want to contact a lawyer.

To win your medical malpractice lawsuit, your attorney will need to put together all the evidence you have collected and argue your right to monetary compensation for what you’ve been through.

Part of winning a medical malpractice claim in California will likely include hiring medical experts to testify that your medical care was below the standard and that you were injured because of your doctor’s poor treatment.

When you prove your case, you can receive a settlement from an insurance company to pay for your damages. If your case should go to court, you could be awarded damages by the court.

Types of Damages You Can Receive When You Win a Medical Negligence Suit

You can be awarded damages, such as lost income, medical costs, physical therapy costs, transportation costs, caregiving expenses, mental trauma, permanent injury, disability, and loss of life enjoyment.

You don’t want to delay in bringing your case against a negligent practitioner, because you have only three years to bring your case in California or one year from the date you discovered your medical injury.

Get in Touch with a Medical Malpractice Attorney in California

You’ve been hurt by a careless medical provider, and you are owed justice for this experience. Reach out to Custodio & Dubey, LLP to discuss your malpractice case. A free case assessment can be yours when you dial 213-593-9095 or fill out the case assessment form down below.

1 reply
  1. Patrick Ross
    Patrick Ross says:

    I like what you said about pressing charges for medical negligence if you suffered injuries during treatment. My sister wants to make sure that she gets compensated for her injuries in the coming weeks. I’ll share this information with her so that she can look into her options for attorneys who can help her with this.


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