How A San Diego Medical Malpractice Attorney Can HelpMedical malpractice cases are so complex and demanding that they typically require the legal representation and experience of a
San Diego medical malpractice attorney, more than any other type of personal injury case. In fact, most medical malpractice defense attorneys (credibly) claim that they win defense verdicts in 80% of their cases. This is due, among other things, to the complexity of the factual issues involved, which almost always require detailed expert testimony and explanation to prove to a jury, and the special privileges granted by the legislature to physicians and other medical malpractice defendants over the last 3 decades.
Among the many rules imposed by special legislation favoring doctors and other professionals at risk for medical malpractice, medical malpractice defendants enjoy special limits on the damages awardable in medical malpractice claims. Since the early 1970’s, medical malpractice cases in California have been capped at $250,000.00 in “general damages” (pain and suffering). While you can still recover an unlimited amount for past and future medical care costs, lost wages and loss of earning capacity, you cannot receive more than $250,000.00 for your pain and suffering, a figure that has not been raised since it was initially set in the 1970’s. There is a hidden significance to this cap above and beyond the fact that it limits your recovery. The cap makes it safer (and thus more likely) for the medical malpractice defendant to go to trial – medical malpractice defendants and their attorneys do not need to fear “runaway” jury verdicts, a factor that causes most other personal injury defendants to weigh their risks carefully before forcing the case to trial. With their risk and exposure largely capped by the special laws they bought and paid for in the 1970’s, medical malpractice defendants and medical malpractice insurers can play hardball with their victims.
Furthermore, physicians, unlike most other professionals, can typically make their own decision about whether to go to trial even where the insurance company is paying for their attorneys and any verdict that might be awarded. By contrast, in a case that doesn’t involve professional negligence, the insurance company typically makes the decision as to whether to settle or go to trial.
In order to pursue you medical malpractice claim, you need the knowledge and guidance of a strong, aggressive
San Diego medical malpractice attorney. Contact the Law Offices of Jeffrey R. Frank for a free consultation with an experienced
San Diego medical malpractice attorney today.
