Medical Malpractice
The San Jose law office of Bostwick & Janoff represents victims of medical malpractice throughout Silicon Valley. Malpractice is a special subset of negligence law in which a doctor or other medical professional fails to meet the expected standard of care, skills, and learning. Common examples of medical malpractice include:
- Surgical mistakes
- Medication errors/incorrect prescriptions
- Medical instruments, sponges, or other foreign objects left inside the patient following surgery
- Performing the wrong surgery
- Failing to diagnosis an ailment or treat a condition
- Performing below the accepted treatment standard or performing the treatment incorrectly
- Continuing a treatment that has been shown to be ineffective
- Failing to inform a patient of treatment options or to obtain informed consent before treating
Defenses
As noted on our automobile accidents page, California follows a rule of pure comparative negligence. In the medical malpractice context, defendants often claim that the plaintiff did not properly follow doctor's orders or did not fully disclose important background or other medical information, which contributed to or exacerbated the plaintiff's injuries.
Malpractice cases usually proceed slightly differently than ordinary negligence trials. Legislation has resulted in special rules regarding recovery of damages and the statute of limitations.
Damage Caps
Non-economic damages are capped at $250,000. Non-economic damages include pain and suffering, in contrast to damages with a specific price tag attached, such as medical expenses and lost wages.
Statute of Limitations
Since the effects of medical malpractice are not always immediately discernible, the statute of limitations is generally one year from the date the negligence is discovered, and up to three years from the date of injury. However, if the case involves a foreign object left in the patient's body, the time limit does not begin to run until the plaintiff discovers or should have discovered the negligence. Once the applicable statute of limitations has run, a plaintiff is forever barred from bringing a suit that was not initiated within the statutory time frame. To protect your rights, it is essential that you contact an experienced personal injury lawyer or medical malpractice attorney as soon as you have reason to believe that you have been a victim of medical malpractice.
Bostwick & Janoff has been representing personal injury victims for over forty years. Our legal staff has a wealth of experience dealing with Kaiser Permanente and the arbitration process involved in resolving these types of cases. If you believe that you or a loved one has been injured due to the malpractice of a medical professional or health care provider, contact Bostwick & Janoff Law Offices today for a free consultation regarding your rights.
