Medical Malpractice
No other area of ‘personal injury’ law in California is more unfair, or misunderstood by the average layperson, than medical malpractice cases.
Doctors have always been held in high esteem by every facet of society in almost every corner of the world. They are among the brightest people in America (they were the straight ‘A’ students in high school), they undergo more schooling and training than any other profession in America before being licensed, and they generally work selflessly to help others suffering from often awful and desperate illnesses and diseases. They have earned a right to be admired and looked up to by almost every patient in our country. As in every facet of life, however, the ‘almost’ is very deceiving.
We all hope that our physicians will emulate Marcus Welby, M.D. Unfortunately, due to the economics of modern society, there are seldom any more Marcus Welby’s practicing today as we grew accustomed to just 30 years ago. The doctors have formed an alliance that has as much, if not more, power politically that the AFL, CIO or any other powerful union. The AMA, along with the CA Medical Association, has successfully lobbied our legislators in this state to limit the amount of damages doctors have to pay out if they ruin lives through negligent treatment. Most people in California have no idea that both the amount of damages recoverable for injuries, and the amount of fees available to attorneys in medical malpractice cases, are severely limited, and have been since Marcus Welby was a weekly TV staple. For 30+ years, California has limited the amount a patient can recover for his pain, suffering, emotional distress and loss of quality of life to $250,000.00. While this sum may seem like a lot of money to someone who’s never had a tragic and life-altering catastrophe, try explaining to a young man who’s healthy kidney was mistakenly removed and who’s life has now been shortened by 40 years that his pain and suffering and loss of quality lifestyle is only worth a maximum of $250,000.00.
No single personal injury cases are more hotly contested, or expensive to prosecute, than medical malpractice cases. Experts are generally a prerequisite to filing, and qualified and conscientious experts willing to testify against their peers are expensive and very hard to locate. Most competent attorneys shy away from medical malpractice cases, as the costs are prohibitive and the fees many times do not fairly compensate for the time involved, unless the economic damages are significant. The defense is permitted to introduce evidence of insurance payments for treatment costs, the availability of public benefits available to cover future treatment costs, and the opportunity to structure future payments on a periodic basis. Statutes of limitations for malpractice cases are shorter than for other torts, or negligence actions.
Pohlson & Moorhead LLP has successfully represented many clients who were victims of medical malpractice with severe residual damages. If you or a loved one has been seriously injured as a result of a medical provider’s negligent treatment, call us for a free consultation.