Medical Malpractice in Tracy, CA
Bakerink, McCusker & Belden’s Medical Malpractice Lawyers
Bakerink, McCusker & Belden’s medical malpractice lawyers help Tracy, CA recover from injuries and illnesses caused by negligence without worrying about finances. We want to make sure to protect you from bankruptcy. Our team makes sure you get to keep your house, and your injury doesn’t burden you with massive medical bills. We know how to prove fault, negligence, and liability in a medical malpractice case. More importantly, our attorneys are skilled at securing the most favorable judgment possible, putting you on the path to recovery and financial stability.
What is Medical Malpractice and How Does it Impact Me?
Medical malpractice happens when a hospital, doctor, or medical facility causes an injury to a patient, whether due to negligence or omission. Malpractice includes improper diagnosis, sub-rate treatment, poor aftercare, and bad health management. You place your trust in your medical provider, and when they make mistakes, it can cost you additional charges. Bakerink, McCusker & Belden’s personal injury lawyers can provide relief and advocate on your behalf to deliver a favorable judgment. Medical malpractice can also include:
- Misreading or ignoring laboratory results
- Unnecessary surgical procedures
- Surgical errors or surgery performed to the wrong site
- Improper medicine administration
- Premature discharge
- Disregarding pertinent patient history information
- Failure to order the correct testing
- Inability to recognize and treat symptoms
When You Can and Cannot File for Medical Malpractice
Just as with many legal statutes, California has a statute of limitations regarding medical malpractice lawsuits. Unfortunately, it can be complicated to sort out the requirements governing whether plaintiffs are eligible to seek damages against a medical professional. To begin the process of bringing legal action against a doctor or medical facility, individuals must determine whether it is too late to file a lawsuit. There are two components to the California statute of limitations law:
- Tracy, CA residents can file for medical malpractice up to three years after the initial injury. However, there are some stipulations.
- Individuals only have one year to file a lawsuit after they discover, not sustain the injury.
- The one-year stipulation also applies when the plaintiff should have discovered, through reasonable diligence, there was an injury.
In other words, even though you have three years from the date of the injury, you have one year to file once you discover the injury. For instance, if a separate doctor diagnoses an issue on June 12, 2019, then you only have a year to file from that date. Keep in mind, California law includes some exceptions, including health care provider fraud or concealment of an injury and leaving a medical tool inside the body.
What to Look for in Your Medical Malpractice Lawyer
Bakerink, McCusker & Belden’s lawyers have the experience needed to pursue a medical malpractice lawsuit against a healthcare provider. Experience is a prized attribute in medical malpractice lawyers, as is expertise. We know how to methodically build a legal case by using your medical records, getting ahold of documentation from the doctors, and more. Our team understands time may be a factor, especially if you’re still experiencing the symptoms of the doctor-caused illness or injury and require financial relief. While we can’t guarantee a specific timeframe, our team does attempt to bring your case to a swift conclusion.
How Bakerink, McCusker & Belden Wins Your Case
So, how do you win a medical malpractice suit? First of all, plaintiffs must prove the doctor was negligent. This is different from state-to-state, but in California, it means the provider failed to use the level of skill, knowledge, and care you would expect from reasonably careful practitioners in a similar situation. This is where the experience and expertise of a skilled malpractice attorney come into play. We’re able to prove your injury extended beyond unluckiness. It isn’t enough to demonstrate the doctor’s treatment is wrong. We know how to demonstrate it fell below the threshold needed to win your case. As for damages, you might be eligible for the following:
- Medical bills
- Home health care
- Physical and occupational therapy
- Lost wages
- Lost earning capacity
- Pain and suffering
Contact Our Attorneys for a Free Case Review
Bakerink, McCusker & Belden wants to ensure you are taken care of and get the care you deserve. We understand the feelings of betrayal and shock accompanying negligent care on the part of a healthcare provider. You put your health in their hands, and you’re now suffering as a result of their actions. We want you to be safe placing your financial future in our hands. With over 35 years of experience serving Tracy, CA and the surrounding area, you can trust our attorneys. In addition to medical malpractice, our team handles personal injury law, including slip and fall, dog bites, and estate planning. We offer free case reviews. Don’t hesitate to contact us to get started.