If you or a loved one has suffered harm or injury due to the negligence or wrongful actions of a healthcare professional, you have come to the right place. Fowler | Helsel | Vogt is committed to providing the highest level of legal representation, helping our clients navigate the complex field of medical malpractice, and seek the compensation they deserve.
With a deep understanding of California’s laws and a track record of success, we are here to provide you with the guidance, support, and advocacy you need during this challenging time.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, or other medical professional makes an error or omission in the treatment or care of a patient. This can result in injury, illness, or even death. In medical malpractice cases, the medical professionals are acting as an agent of the patient’s employer, insurer, or other entity. When this happens, the injured patient may be able to file a medical malpractice lawsuit.
To prove medical malpractice, you will need to show that:
- The medical professional owed you a duty of care
- The professional breached that duty of care
- The breach of duty caused an injury or illness
- The injury or illness resulted in damages
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Common Causes of Medical Malpractice Claims
Medical malpractice claims can be filed for a variety of reasons, but the most common ones involve:
- Failure to diagnose a condition
- Wrongful surgery or treatment
- Nursing home abuse or neglect
- Prescription errors
- Birth injuries
- Improper treatment of a child
- Failure to obtain informed consent
- Improper monitoring of a patient
- Improper administration of medication
- Failure to obtain informed consent
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Who Can File a Medical Malpractice Claim in CA?
In order to file a medical malpractice claim in California, you must be the victim of a medical mistake that resulted in injury or illness.
In California, the following parties can typically file a medical malpractice claim:
- Patients: Patients who have suffered harm or injury due to the negligence or wrongful actions of a healthcare professional can file a medical malpractice claim. This includes both adults and minors who have been directly affected.
- Legal Guardians: If the patient is a minor or someone who has been declared legally incapacitated, their legal guardian can file a medical malpractice claim on their behalf.
- Surviving Family Members: In cases where medical malpractice results in the death of a patient, certain family members can file a wrongful death claim. In California, this typically includes the deceased person’s spouse, domestic partner, children, and certain other dependents or heirs.
- Personal Representatives: If the patient passes away as a result of medical malpractice, the personal representative of the deceased person’s estate can file a claim. This representative is usually named in the patient’s will or appointed by the court.
If you or a loved one has been injured due to medical malpractice, it is important to seek legal counsel as soon as possible. Our medical malpractice attorneys in Fresno can help you understand your rights and fight for the compensation you deserve.
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- We handle the paperwork & phone calls
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