Medical malpractice can have devastating consequences, leaving victims with severe injuries, prolonged suffering, and significant financial burdens. If you or a loved one has been harmed due to medical negligence, it’s crucial to have an experienced personal injury litigator on your side to navigate the complexities of your claim. At The Law Office of Jared J. Drucker, we are dedicated to providing personalized, compassionate, and effective legal representation for victims of medical malpractice.
Contact us today for a free consultation and let us help you on your path to recovery.
Why Jared J. Drucker is the Right Choice for Your Medical Malpractice Claim
Choosing the right attorney for your medical malpractice claim is crucial to ensuring you receive the compensation and justice you deserve. Here’s why Jared J. Drucker is the right choice for handling your case:
- Medical Malpractice Practice: Jared J. Drucker has extensive experience successfully representing clients in medical malpractice cases. His deep understanding of medical malpractice laws and the healthcare system ensures that your case is managed with the highest level of competence.
- Proven Track Record of Success: Jared successfully secured a $160,000 settlement for a client who suffered significant pain and discomfort due to a negligently implanted birth control device by an OB/GYN. Jared demonstrated that the OB/GYN failed to adhere to the standard of care required during the procedure, resulting in severe complications and the need for additional surgery.
- Effective Communication: Effective communication is a cornerstone of Jared’s practice. Our team will keep you fully informed about every aspect of your case, providing clear advice and promptly addressing any questions or concerns.
- Fierce Representation: Jared is committed to fighting tirelessly on your behalf. Whether negotiating with insurance companies or representing you in court, he advocates aggressively to secure the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages.
How A Lawyer Will Assist in a Medical Malpractice Claim
Given the complex nature of medical claims, handling a medical malpractice claim can be challenging without professional legal assistance. An experienced lawyer like Jared J. Drucker will provide invaluable support throughout the process. Here’s how a lawyer will assist you in your medical malpractice claim:
- Comprehensive Case Evaluation: During the initial consultation, we will evaluate the details of your case, including the nature of the medical negligence, the extent of your injuries, and the available evidence. This helps determine the viability of your claim and the best course of action.
- Securing Expert Testimony: Medical malpractice cases often require expert testimonies to explain complex medical issues and establish that the healthcare provider’s actions deviated from accepted medical standards. At the Law Office of Jared J. Drucker, we have access to a network of medical experts who can provide critical insights and testimony to strengthen your claim.
- Proving Liability: To succeed in a medical malpractice claim, you must prove that the healthcare provider was negligent. This involves demonstrating that the provider owed you a duty of care, breached that duty, and caused your injuries as a result. Jared J. Drucker will build a strong case by presenting clear and compelling evidence of negligence.
- Managing Legal Processes: Dealing with the physical aftermath of medical malpractice is stressful enough without the added legal burden. Allow us to handle all the legal aspects of your claim so that you can focus on recovery while knowing your case is in capable hands.
Procedural Requirements for a Medical Malpractice Claim
Medical malpractice claims have special requirements before a victim can bring a lawsuit. California Code of Civil Procedure §364 outlines the following:
“(a) No action based upon the health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days’ prior notice of the intention to commence the action. (b) No particular form of notice is required, but it shall notify the defendant of the legal basis of the claim and the type of loss sustained, including with specificity the nature of the injuries suffered. (c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. (d) If the notice is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the service of the notice. (e) The provisions of this section shall not be applicable with respect to any defendant whose name is unknown to the plaintiff at the time of filing the complaint and who is identified therein by a fictitious name, as provided in Section 474.”
What this means is that before a lawsuit can be brought, a “pre-litigation notice” must be sent to the defendant. This requirement is designed to give healthcare providers a warning of the impending legal action and an opportunity to settle the claim outside of court. Plaintiffs must provide a written notice of their intention to file a medical malpractice lawsuit at least 90 days before the lawsuit is officially filed. This notice must be given to each healthcare provider named in the claim.
Caps on Non-Economic Damages in Medical Malpractice Claims
The Medical Injury Compensation Reform Act (MICRA) of 1975, as codified in California Civil Code §3333.2, limits the non-economic damages that a plaintiff can receive in a medical malpractice claim. The statute provides the following:
“(a) In any action for injury against a health care provider or health care institution based on professional negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage, subject to the limitations in this section. (b) In any action for injury that does not involve wrongful death against one or more health care providers or health care institutions based on professional negligence, the following limitations shall apply: (1) Civil liability for damages for noneconomic losses against one or more health care providers, collectively, shall not exceed three hundred fifty thousand dollars ($350,000), regardless of the number of health care providers, which does not include any unaffiliated health care providers that are responsible for noneconomic losses pursuant to paragraph (3). (2) Civil liability for damages for noneconomic losses against one or more healthcare institutions, collectively, shall not exceed three hundred fifty thousand dollars ($350,000), regardless of the number of healthcare institutions, which does not include any unaffiliated healthcare institutions that are responsible for noneconomic losses pursuant to paragraph (3). (3) Civil liability for damages for noneconomic losses against one or more health care providers or health care institutions that are unaffiliated with a defendant described in paragraph (1) or (2) based on acts of professional negligence separate and independent from the acts of professional negligence of a defendant described in paragraph (1) or (2) and that occurred at, or in relation to medical transport to, a health care institution unaffiliated with a health care institution described in paragraph (2), collectively, shall not exceed three hundred fifty thousand dollars ($350,000), regardless of the number of defendants described in this paragraph, which does not include any unaffiliated health care providers or unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (1) or (2).”
What this means is that non-economic damages in medical malpractice cases are capped at $350,000. Non-economic damages include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms that do not have a direct financial cost. It is important to note that this cap does not apply to economic damages. Economic damages include tangible financial losses such as medical expenses, lost wages, loss of earning capacity, and other costs directly associated with the injury. Wrongful death claims may change this amount depending on the circumstances.
As of January 1, 2023, the cap on non-economic damages in medical malpractice cases not involving death is $350,000. This amount will increase by $40,000 each year until it reaches $750,000 in 2033. From January 1, 2034, the cap will increase by 2% annually to account for inflation.
Contact Jared J. Drucker to Handle Your Medical Malpractice Claim Today
Experiencing medical negligence can be overwhelming and challenging. Securing experienced legal representation to handle your claim can help you obtain the compensation you deserve. At The Law Office of Jared J. Drucker, we are dedicated to offering personalized, compassionate, and effective legal support.
With proven experience in handling medical malpractice cases, Jared J. Drucker is committed to protecting your rights and achieving the best possible outcome for your case. Don’t go through this difficult time alone. Reach out to us today for a free consultation, and take the first step toward justice and recovery.