Sacramento Medical Malpractice Lawyers
Medical malpractice injuries occur when the medical team fails to uphold their duty of care to a patient. Sacramento medical malpractice errors can include issues ranging from childbirth errors to delayed diagnosis. You may be eligible to file a legal compensation claim if you have suffered from medical malpractice.
When you enter a medical facility for treatment, you trust in the well-trained professionals associated with it to help you with your medical concerns. The last thing you expect is to face additional injury, harm, and pain due to a careless or negligent mistake.
Unfortunately, medical malpractice errors do occur in Sacramento. You may have been harmed by a late diagnosis or a pharmacist incorrectly filling your prescription. Sometimes the negligence runs much deeper, and fault can lie with the hospital for its administrative decisions.Â
The California medical malpractice lawyers at Cutter Law have helped wrongfully injured patients recover compensation for their losses. This has helped them recover more fully from injuries that should never have occurred.
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Why choose Cutter Law as your Sacramento medical malpractice lawyers?
Our personal injury legal team in Sacramento has extensive experience representing clients in their medical malpractice claims. We have helped our clients recover millions in damages for their medical injuries, pain, and suffering.
We understand the finer elements of medical malpractice claims and how the local Sacramento court system operates. We know how to hold liable medical parties accountable for their wrongdoings.
Previous Medical Lawsuits
Our renowned Sacramento medical malpractice legal team has secured millions in successful verdicts against some of the biggest names in medicine and pharmaceuticals, including:
- Kaiser Permanente
- Johnson & Johnson
- Boston Scientific
- UC Davis Regents
- Guidant
The seasoned medical malpractice attorneys at Cutter Law are passionate about pursuing justice and helping our clients access the best recovery options in Sacramento.
$240 Million
Trial attorney Brooks Cutter took a lead role in a nationwide case against Boston Scientific and Guidant following a recall of the manufacturer’s pacemakers and cardiac defibrillators.
$7.6 Million
Medical malpractice jury verdict on behalf of a young woman who suffered a spinal cord injury after doctors failed to diagnose a tumor on her spine.
$ 2.4 Million
Brooks Cutter and Margot Cutter won a $2.4 million dollar verdict on behalf of the children of a man who died after a staff doctor at a hospital lied and transferred a patient to another hospital that was not equipped to handle the patient.
$220 Million
Appointed by the federal court to the plaintiffs steering committee in the Medtronic Sprint Fidelis case on behalf of patients injured by defective defibrillator leads, ultimately ending in a successful settlement for our clients.
Where We Operate
Our medical malpractice attorneys operate throughout California, including the following Sacramento areas:
- Roseville, California
- Rancho Cordova, California
- Citrus Heights, California
- Elk Grove, California
- Clarksville, California
What is medical malpractice?
We trust medical professionals to heal us when we’re most vulnerable. Doctors take the Hippocratic Oath to provide beneficial treatments and avoid causing harm. As a patient, you rely on them to uphold their pledge.
However, sometimes even the best medical professionals make mistakes. Sometimes these are reasonable errors. Other times, the medical community agrees that an error was negligent and should have never happened. In the case of negligent mistakes, patients have legal options.
Types of Medical Malpractice
Many types of actions are covered under Sacramento medical malpractice. If you have been harmed by the negligent actions, inactions, or decisions of a working medical professional in Sacramento, there is a high chance you are the victim of medical malpractice. The best way to verify this is to speak with an experienced Sacramento medical injury attorney.
Common types of medical malpractice include:
- Childbirth errors
- Anesthesia errors
- Surgical errors
- Medication errors
- Misdiagnosis
- Delayed diagnosis
Medical malpractice isn’t always easy to recognize. If these malpractice acts or others have harmed you, contact a knowledgeable medical malpractice law firm to discuss your case.
Signs of Medical Malpractice in Sacramento
If you believe you may be suffering from medical malpractice, these are the signs to look out for.Â
- Lack of consent before treatment:Â Your doctor is supposed to inform you of any risks associated with your procedure. Additionally, you should have been asked to sign a consent form before your treatment began.
- Radically changing diagnosis:Â If your doctor suddenly declares a new diagnosis, they may have originally misdiagnosed you. This may also be true if your doctor dramatically alters your treatment.
- Admitting fault:Â If your medical professional apologizes or admits fault for a serious issue, this is a strong sign of malpractice.Â
- Neglect:Â Medical professionals failing to provide proper care is a huge red flag of medical malpractice. Neglect is especially an issue in understaffed nursing homes and hospitals.
- Experiencing new symptoms post-treatment:Â If your medical professional provides treatment and new symptoms associated with a different condition arise, this could signify misdiagnosis or treatment error.Â
If you see one or more of these signs, your medical professional may have committed malpractice. A second medical opinion is justified, as is contacting a local Sacramento medical malpractice lawyer.
Medical Malpractice Liability in Sacramento
Liability is a complex subject. If the responsible party acted negligently or broke their duty of care, the court may find them liable.
Legal Standard for Medical Malpractice
To prove liability and win your medical malpractice claim in Sacramento, you must prove the following elements:
- A doctor-patient relationship existed.
- The medical professional violated the standard of care.
- That standard of care violation resulted in harm to you.
- You suffered real damages that are compensable.
A knowledgable medical malpractice attorney can help you gather evidence and formulate a persuasive case.
Standard of Care
The court may find the party negligent and liable if they deviated from accepted medical practices that their medical peers would have followed in a similar situation. This basis for comparison is called the standard of care.
Comparative Negligence
Sacramento follows comparative negligence laws in medical malpractice. This means that even if you were partially responsible for your damages, you could still recover the portion of the damages caused by the negligent party.Â
For example, the court may find that 70 percent of the incident’s responsibility lies with you, and your doctor is 30 percent responsible. In this case, you could recover 30 percent of the damages, which may still be significant.
Process of a Medical Malpractice Case in Sacramento
Before you file a medical malpractice claim in Sacramento, you must confirm the statute of limitations has not passed. In general, the statute of limitations for filing a claim is three years from the date of the injury or one year since you discovered the injury.
Additionally, California requires that you formally notify the medical malpractice defendant of your intent to sue at least 90 days before you file your lawsuit.
The negligent party may attempt to settle the matter in medical malpractice arbitration. If you signed an arbitration agreement, it supposedly waives your right to legal court claims. However, these agreements are not always enforceable.
Additionally, the other party may attempt to settle out of court. Your attorney will advise you on strategic decisions.
Contact Experienced Sacramento Medical Malpractice Lawyers
Contact our Sacramento medical malpractice attorneys at (916) 290-9400 if you have been injured due to the action or inaction of your medical provider. The skilled legal team at Cutter Law will work with you to get you the compensation you deserve after a medical injury.Â
Frequently Asked Questions
What is a medical malpractice claim worth?
Each medical malpractice claim is different. At the higher end of these lawsuits, you could receive millions in damages awards. There is a cap on non-economic damages, such as pain and suffering, although there have been recent changes to California’s medical malpractice cap.Â
There is also a cap on wrongful death cases. However, Sacramento courts do not cap economic damages and punitive damages.Â
If the medical professional in your case acted particularly egregiously, punitive damage awards might reach into the millions of dollars.
Which parties can be liable in a Sacramento medical malpractice lawsuit?
In Sacramento medical malpractice lawsuits, there is a range of potentially liable parties, including:
- Doctor
- Nurse
- Pharmacist
- Hospital
- Manufacturer of a drug or medical device
Most medical professionals, such as nurses, doctors, and physicians, carry liability insurance. You may sue the liable medical professional or their insurance company, depending on your case.
What are some examples of medical malpractice in Sacramento, California?
Spotting the difference between a valid medical error and malpractice can be challenging if you aren’t a medical malpractice lawyer. Examples of medical malpractice include:
- A doctor may provide insufficient aftercare for a patient, causing the patient harm.
- A doctor may negligently or improperly diagnose a condition, resulting in a patient’s injury.
- A doctor may fail to exercise proper judgment during childbirth, potentially leading to neurological impairment or other birth injuries.
- A doctor may improperly administer anesthesia, resulting in liver damage or a stroke.
Various negligent actions are under the medical malpractice umbrella in Sacramento. You have a legal right to recover financial compensation for the injuries and suffering you and your family have endured at the hands of a negligent medical professional.
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401 Watt Avenue Suite 100
Sacramento, CA 95864
Phone: 916-290-9400
