Oakland, CA Medical Malpractice Attorneys
When a person has been injured in a medical setting, the unfortunate truth is that the law favors doctors and hospitals. Extensive medical lobbying has made it difficult for patients to pursue civil action against negligent medical establishments and licensed caregivers. In spite of the difficulty in filing a lawsuit, you may well have a viable case if you have suffered severe or permanent harm.
If you or someone you know has been injured because of medical or hospital neglect, speak to a qualified attorney who can investigate the case and help you determine what actions to take.
For more than 20 years, the Oakland, CA medical malpractice lawyers at Callaway & Wolf have represented patients who have been injured by medical care providers or hospital facilities. Our firm understands that medical malpractice claims can be challenging to pursue, and they are equipped with the skills and dedication necessary to handle these complex cases.
Experienced in Doctor, Hospital & Medical Malpractice Claims
The Oakland medical malpractice attorneys at Callaway & Wolf will continue to defend the rights of injured patients in spite of the Medical Injury Compensation Reform Act, also known as MICRA. Since 1975, California’s “MICRA” law has placed a limit on attorney fees and the amount a patient can seek following an injury caused by medical negligence. The law limits recovery for general damages, including disfigurement, pain and suffering, or wrongful death to $250,000. Although the law caps non-economic damages, it does not limit the amount an injured patient can seek for economic losses, such as the loss of wages and medical costs. Additionally, the MICRA law also does not limited the amount of punitive damages that can be recovered. Nonetheless, these damages require proof of a deliberate disregard for the health and safety of the patient, which is usually difficult to ascertain prove in a medical malpractice case.
Common Types of Medical Negligence in California
A majority of medical malpractice cases will fall into one of the following categories:
- Nursing mistakes
- Pathology and radiology errors
- Diagnostic errors, leading to delayed treatment
- Nursing home negligence
- Misdiagnosis and a failure to diagnose
- Surgical errors, including wrong-site injury and anesthesia problems
- Prescription errors, including incorrect dosage and an administration of the incorrect medication
- Birth injury, including cerebral palsy, fetal distress, hypoxia, and brain injury
California’s Statute of Limitations on Medical Malpractice Cases
The state has placed very strict deadlines on medical malpractice cases, but the time can vary depending on who the claim is being filed against. For instance, a claim filed against a public establishment must be submitted within six months from the date of the incident. When the case involves a private facility, the claim will have one year from the “date of discovery” before its statute of limitations expires. Medical malpractice time limits are complex and there are numerous other rules which apply, so legal advice will be needed in most cases to determine the correct period.
The deadline to file will also change if the injured patient was a minor. It is recommended to consult a knowledgeable attorney to understand what deadline applies to the specific case. Additionally, California Code of Civil Procedure Section 364 provides a 90-day extension of the time to file suit when a letter stating the intent to file a case is submitted less than 90 days before the time would otherwise run.
Kaiser Permanente Arbitration
The Kaiser Permanente Oakland Medical Center is located at 3600 Broadway and serves the local Oakland, California community. With more than 8 million members throughout the state, the Kaiser foundation is rapidly growing. In California, most Kaiser Permanente members cannot choose doctors or facilities outside the medical group. Most Kaiser members also cannot prosecute medical malpractice claims in court. Instead, an injured patient will be tied to a one-sided arbitration system run by Kaiser. This arbitration requirement is imposed on members through a contract that is generally negotiated by employers, not members themselves. Regrettably, most Kaiser Permanente members are not aware that Kaiser has its own unique rules for negligent litigation.
Proven Track Record in Prevailing Against Medical Malpractice Cases
When a person visits a hospital or obtains licensed professional medical care, the last thing they will expect is to be injured as a result of medical negligence. Although medical malpractice cases are challenging, the injured patient deserves to be compensated for his or her damages. If you or someone you love was injured in a medical setting, obtain legal support from an attorney with the right skills and experience.
Callaway & Wolf’s litigators are exceptionally qualified in complex medical malpractice cases. For more than two decades, the firm has consistently helped injured patients recover the maximum amount of compensation allowed. Additionally, the firm has the resources to obtain qualified expert testimony, which is imperative in a successful case.
After a medical injury, it is important to take quick action to build a strong case. The firm is prepared to take swift action and begin investigating the case and hiring medical experts for reviews. If you have been injured by medical negligence, obtain a free no-obligation consultation from Callaway & Wolf. Consider calling the firm at 510-603-4988 and speak to a top-rated medical malpractice lawyer in Oakland, CA today.