Navigating through the legal and medical worlds after you believe you’ve experienced medical malpractice can be daunting. As a medical malpractice attorney in Los Angeles who is also a licensed medical doctor, I get a lot of questions about medical malpractice law and cases. Here are the five most commonly asked questions that I’ve received.
What are some of the most common medical malpractice claims?
There are many types of medical malpractice claims. The most common claims include a surgery gone wrong or failure to diagnose. Other common items include pharmacy negligence or medication mismanagement, failure to treat (or treat appropriately), and lack of informed consent.
However, there are many more types of medical malpractice claims that result in injuries that can affect patients for the rest of their lives. There are 11 systems in the body and each of them can be damaged significantly by medical malpractice. That includes each of the following systems:
- The circulatory system: mainly the heart and blood vessels
- The digestive system/excretory system: mainly the stomach, intestines, pancreas and liver
- The endocrine system: mainly the glands, including the thyroid, pituitary, and adrenal glands
- The integumentary system/exocrine system: mainly the skin
- The lymphatic system/immune system: mainly the blood cells that protect against infection
- The muscular system: mainly the muscles
- The nervous system: mainly the brain and nerves
- The renal system/urinary system: mainly the kidneys and bladder
- The reproductive system: mainly the testes, penis, vagina, and uterus
- The respiratory system: mainly the lungs
- The skeletal system: mainly the bones
How do I know if I have a case?
Under HIPAA and California laws, every patient who receives treatment from a health care provider is entitled to access their records. First, you’ll need to get a copy of those files and get them to an attorney experienced in medical malpractice cases to help you determine if you have a case. You should do this as quickly as possible, because the statute of limitations on a medical malpractice is only a year, which is a very short amount of time to get the ball rolling.
Do I need an attorney for my medical malpractice case?
Any person who believes medical malpractice injured them needs to call an attorney who has significant experience in the medical field. The Trial Law Offices of Bradley I. Kramer, M.D., Esq., is well equipped to handle medical malpractice cases because Dr. Kramer is a licensed physician and surgeon in the state of California in addition to being an attorney. When you send your records over to see if you have a case, Dr. Kramer’s background in medicine allows him to review the files and determine the viability of a claim.
Does it matter which attorney I hire for my medical malpractice case?
Choosing the right attorney for a medical malpractice case is of paramount importance. Not only is it important to hire an attorney that understands the medicine involved in your case, but it’s also crucially important that your attorney is able to access and hire the best medical experts to defend your case. Every disputed medical malpractice case will require testimony from a board-certified expert in the field of the doctor you are suing, so if you don’t have the most qualified experts on your side, who are willing to testify on your behalf, you are at a significant disadvantage.
Finally, it’s important to realize that insurance companies keep track of all the medical malpractice claims that come in, and if they see an attorney who is well versed in medical malpractice claims and is experienced in taking those claims all the way to trial, that insurance company will put more money on that case in terms of settlement value. So hiring a newbie lawyer, or even hiring an experienced lawyer who does not have specific experience with medical malpractice cases, will minimize rather than maximize the value of your case.
Can I speak directly to Dr. Kramer when I call his office or will I have to go through a paralegal first?
Dr. Kramer, by choice, directly handles all client intakes. So when you call Dr. Kramer’s office, you will speak directly to Dr. Kramer. Dr. Kramer only takes a limited number of cases at a time, and each one of those cases is not only valuable to the firm, but deeply personal to Dr. Kramer. Every client and every case is managed directly by Dr. Kramer, so you can be assured that when you call to speak to Dr. Kramer, as a client, or even as a potential client, that he will give you the attention your case needs or, in some cases, may tell you that you do not have a case. Honesty, efficiency, and personal contact are what make Dr. Kramer’s practice highly unique in this day and age, and that is why he has earned the praise and respect of his clients as well as other attorneys throughout Southern California for decades.
Do you have more questions or need help with your case? Contact The Trial Law Offices of Bradley I. Kramer, M.D., Esq., today for a free consultation by calling 310-289-2600.