Posted on Wednesday, March 4th, 2015 at 10:57 pm    

Advice from a Sacramento & Folsom Medical Malpractice Attorney that will help you with your claim

When a medical professional or doctor fails to successfully perform their job they can be subject to a medical malpractice lawsuit. Medical malpractice laws vary from state to state but there are some broad rules that apply to generally all medical malpractice cases in Sacramento & Folsom area. We have provided some of those general rules in this story. You can visit this site to find out more about California Court systems.

Requirements for Medical Malpractice Cases

You must be able to prove the following to have a solid medical malpractice claim:

  • You must first show that you had a doctor-patient relationship in which you hired the doctor (or medical professional). The simplest way to prove this is to show that you visited the doctor at his office and they did personally treat you. This will easily prove that you had a doctor-patient relationship.
  • The next factor is was the doctor negligent. You will need to prove that the doctor was incorrect in his diagnosis or medical treatment and show that this oversight caused you harm. We expect all doctors to provide reasonable care and skill levels but when they do not that is when a medical malpractice suit is in order. The law requires that the injured patient prove that the level of care was substandard by presenting a medical expert that can illustrate how the doctor deviated from normal medical practices.
  • You need to show that the injury occurred because of the doctor’s negligence. An example of how it would be difficult to prove a Sacramento & Folsom medical malpractice case would be if a patient had cancer that the doctor had been treating but the patient died anyhow. In most cases it would be hard to prove that the patient was not likely to die as a result of cancer alone and was not a result of the treatment prescribed by the doctor. To prove a case like this you would need expert medical testimony that could prove that the doctor was actually negligent.
  • Then you would need to prove that the injury led to particular damages. You must suffer some form of harm to prove your case even if the doctor performed below the normal medical standards. Some of these damages include: physical or mental pain, increased medical bills, or lost earnings/work.

Most Common Examples of Medical Malpractice

Medical malpractice claims can result from many different situations. These could might be from a doctor prescribing an incorrect drug that causes harm to a patient to a surgeon that mistakenly leaves a medical instrument inside a patient during surgery. Here is an example of the most common malpractice areas:

  • A doctor can sometimes fail to correctly diagnose a patient’s illness that might lead to the patient’s needless pain and suffering or even death.
  • When a medical professional fails to warn a patient about possible risks associated with a treatment it is known as duty of informed consent. If the doctor had correctly informed the patient about known risks the patient would have most likely not agreed to the medical procedure. Because of this the doctor has exposed themselves to a possible medical malpractice suit.
  • The doctor might face a medical malpractice suit if they prescribe an appropriate treatment but the treatment is not correctly administered.

Medical Malpractice claims require particular rules and procedures to be followed

  • You must bring a Sacramento & Folsom medical malpractice claim to the courts in a reasonable time frame. This is known as the Statute of Limitations. The Statute of Limitations varies from state to state and is between six months to two years. It is very important that you do not mis the filing deadline as the court will dismiss even the most solid medical malpractice case because of delayed filing.
  • Generally all claims must be presented first to a medical malpractice review panel. The panel will review arguments, evidence and testimony from medical experts. The review panel has no legal authority over the outcome of the claim but it simply presents it’s findings to the court so they can determine if the case will go to trial.
  • An expert medical professional is very important in building a strong malpractice case. In most cases the expert witness will need to be approved to testify prior to going to court. An expert witness usually has a track record in the field related to the medical malpractice case presented.
  • Some states limit the amount that the courts can award a victim of medical malpractice. These limits vary by state.

Free Legal Advice from Sacramento & Folsom Medical Malpractice Attorneys

Here, at the Tiemann Law Firm, our Medical Malpractice lawyers are dedicated to helping you and your family secure the financial help you need and deserve. Contact a Sacramento and Folsom, CA Medical Malpractice attorney today. We can meet with you free of charge, and if we take your case, we will charge no attorneys’ fees unless and until you receive compensation. When we decide to take your case, that means that our Medical Malpractice attorneys are willing and able to put in the time, the effort, and the resources needed to make your case the success it should be. Clients come to us from not only Sacramento but also Folsom, Citrus Heights, Rocklin and other areas in Northern California and greater Sacramento, California.

Client Testimonials

Hanna Padilla Testimonial

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial

I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Star Fire Testimonial

It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Lendzey Garcia

I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!

Maye Ly Testimonial

I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.