Fontana, CA Medical Malpractice Lawyer - Hospital Negligence Attorneys
If you or a loved one has suffered harm due to hospital or medical negligence in Fontana, California or the surrounding areas, you may have grounds for a medical malpractice lawsuit. The experienced medical malpractice lawyers at Moseley Collins Law help victims and their families pursue maximum compensation in these complex cases involving devastating injuries. We are dedicated patient advocates with a proven track record of results.
This page covers key information related to medical negligence claims in Fontana, CA including proving liability, typical damages available, finding a medical expert, and more. We want victims coping with catastrophic brain injuries, paralysis, wrongful death of a loved one, and other substantial losses from substandard medical treatment to understand their legal options and rights.Examples of Common Medical Errors in Fontana
While every client’s circumstances remain uniquely personal, over four decades of handling medical malpractice cases nationwide Moseley Collins Law commonly encounters forms of institutional negligence negatively impacting families, including:
- Failure to accurately diagnose aggressive diseases until too late for intervention
- Operating on the wrong area of a patient’s body
- Leaving foreign objects inside patients after invasive procedures
- Disregard for traumatic emergency room injuries requiring urgent care
- Recklessly prescribing contraindicated medications
If any negligent medical decisions caused you or your family unspeakable, irreversible suffering within Fontana’s network of hospitals and clinics, we encourage connecting today regarding your options. No amount of financial settlement can undo the damage when the healthcare system betrays its trusted purpose. However forcing accountability and positive changes preventing others from experiencing similar fates carries profound value.Fontana Cities and Towns We Serve
Our medical malpractice lawyers offer legal advocacy with personalized guidance and steadfast support for injury victims throughout:
- Rancho Cucamonga
- Chino Hills
Below we have listed major medical institutions and networks serving Fontana residents when needing care:
Kaiser Permanente Fontana Medical Center - Large facility providing comprehensive healthcare and emergency medicine.
Arrowhead Regional Medical Center - Public hospital offering specialized trauma, burn, family health, and behavioral medicine.
Emanate Health - Operates Inter-Community, Foothill Presbyterian and Rancho Springs medical centers in nearby communities.
St. Bernardine Medical Center - Part of Dignity Health providing emergency, cardiac, orthopedic and cancer care.What Qualifies as Medical Malpractice in California?
Like all states, California has laws in place specifying what constitutes medical malpractice and negligence. In simplest terms, medical malpractice refers to professional negligence where a healthcare provider or medical professional fails to meet accepted standards of care. This failure directly results in patient harm, injury, or even death in severe cases.
According to California malpractice law, for a medical negligence claim to be valid all the following conditions must apply:
- A legitimate provider-patient relationship existed. This establishes a legal duty of care where the medical provider is responsible for meeting standards in treating and caring for a patient.
- The healthcare provider was negligent in some manner, either through acts of commission or omission. This means mistakes were actively made in providing care, or proper care that should have been given was omitted.
- The negligent act or omission directly caused the patient harm or injury. Proving causation is key in medical negligence cases. If the poor care only potentially affected patient health for instance, but did not directly cause damages, then there may not be sufficient grounds for a case.
- The patient suffered measurable injuries, losses, and damages as a result. Without provable harm such as additional medical costs, lost wages, pain and suffering, rehabilitation needs, and other clear damages tied to the incident, there is no basis for a viable malpractice claim.
It is also important to note that just because medical treatment fails or a patient dies in care, this does not automatically qualify as negligence. Medicine can be unpredictable in some instances, and unforeseen complications can occur even when providers meet reasonable standards of medical care. In these situations, a malpractice suit is not justified or likely to succeed.
Proving negligence and causation requires thorough investigations by medical and legal experts comparing treatment records to widely accepted medical guidelines. This determines whether appropriate protocols were followed. When lapses or errors are identified that result in additional patient injury or death, a legitimate medical malpractice claim can be made.When is a Doctor Liable for Medical Negligence?
Doctors can be considered negligent and held liable in several situations, including:
- Misdiagnosing or failing to diagnose serious health conditions
- Prescribing the wrong medications or incorrect dosage
- Making mistakes during surgery or other treatments
- Not recognizing symptoms or test results indicating urgent medical intervention was required
- Discharging patients prematurely
- Failing to order tests or vital follow-up care
- Making decisions against patient-expressed wishes or without proper informed consent
- Not referring patients to appropriate specialists when medically necessary
- Injuring anatomical structures and nerves during reasonably avoidable procedures
- Leaving surgical equipment inside patients after operations
- Childbirth injuries to baby during labor and delivery due to improper fetal monitoring or lack of intervention
- Birth injuries to the mother from negligent prenatal care or actions during the birthing process
This list provides some examples but other acts of negligence can still apply even if not mentioned above. The key determining factors are whether acceptable standards were met, and whether patient harm directly ties to negligent care.What Damages May be Recovered in CA Medical Malpractice Claims?
California malpractice law allows injured patients and grieving loved ones in wrongful death claims to pursue compensation for all losses that apply to their situation. This includes both economic and non-economic categories of damages. Available compensation can include both past and future losses stemming from harm caused by medical negligence.
Typical damages available in California medical malpractice claims include:Economic Damages
- Past and future medical costs related to injury
- Rehabilitation services
- In-home care
- Special medical equipment and facilities
- Lost past and future income
- Loss of earning capacity
- Pain and suffering
- Loss of consortium for the spouse
- Physical impairment or disfigurement
- Emotional distress
- Loss of enjoyment of life
In cases involving the death of a family’s loved one, additional damages that can be pursued include funeral and burial costs, loss of financial support and household services the deceased provided, loss of love/companionship, and other losses from their wrongful death specifically.
To put reasonable estimates on these various damage categories, experienced medical malpractice lawyers work with finance and medical experts to assess total costs stemming from the patient's injuries or death. The goal is securing maximum compensation that will facilitate medical care and quality living despite sometimes permanent disability from the incident.CA Statute of Limitations on Medical Negligence Claims
In California, the statute of limitations specifies deadlines for filing medical malpractice legal action in order to preserve a victim’s right to pursue a valid claim. These statutes of limitations dictate:
- Cases against healthcare providers must be filed within either one year from the injury, or three years from the date when the injury was discovered. Exceptions for infants under six years old allow filing up to three years after a child’s eighth birthday.
- For wrongful death claims directly stemming from medical negligence, these cases must be filed within one year from the date of a victim’s death. This timeframe gets extended six months if good faith attempts fail to resolve the matter before resorting to formal litigation.
Due to these strict filing deadlines following the discovery of potential negligence, it is prudent for victims to investigate their legal options and contact qualified medical malpractice lawyers promptly after a negligent incident comes to light. Failing to act promptly can forfeit the right to pursue fair patient compensation, even in situations where negligence is evident. Discussing matters with legal counsel makes certain rights get preserved.Steps of the Medical Malpractice Litigation Process
If we determine negligence occurred and accept your case after preliminary review, you can expect to go through the following general litigation stages:
- Investigation & Research - We order all relevant medical records, bills, and related documentation for expert case review. Additionally, initial interviews and statements are taken from involved doctors, hospital staff, eyewitnesses, or family members. Multiple independent medical specialists are hired to analyze if a breach of standards contributed to the injury.
- Case Filing - Once our in-depth investigation uncovers solid evidence of negligence, we prepare the filing of the initial complaint detailing the liability reasons against defendants like the hospital or medical professionals.
- Legal Discovery - We engage in a discovery process with defense counsel to formally exchange case information. This pretrial preparation involves evidence requests, witness depositions, interrogatories, and developing sound expert medical testimony.
- Settlement Negotiations - Over 50% of well-documented medical negligence claims are resolved through settlement agreements before commencing trial. We tenaciously negotiate seeking maximum appropriate compensation through out-of-court resolution if substantively possible.
- Trial Litigation - However, if a sufficient settlement offer fails forthcoming through extensive talks, we proceed fully prepared for trial litigation before the judge or jury as necessary. Our longtime track record of trying catastrophic injury cases sharpens perspective and conveys advantages we leverage for clients here.
This basic overview provides you an idea of what to reasonably expect when navigating the litigation road toward eventual recovery of fair damages. Having an experienced medical malpractice legal team here in Southern California eliminates guesswork and delivers critical guidance needed through each phase leading to resolution.Speak to a Southern CA Medical Negligence Law Firm Today
Moseley Collins Law wants to help you after medical errors cause harm in Fontana. We have advocated for clients like you in California for years. Conflict with powerful hospitals or uncooperative insurance legal teams seems intimidating, but you need not shoulder this alone anymore.
Our knowledgeable lawyers offer free consultations to discuss medical negligence cases. This gives you direct access to a specialist lawyer for answers about your situation, options, and next steps.
Contact us without delay for a free case review now. We represent clients only on a contingency basis - no money is required upfront ever. Let our Fontana medical malpractice legal team stand by your side and fight toward securing the justice you rightfully deserve after this challenging ordeal. Communication remains available via phone or virtual meetings for your convenience.Frequently Asked Questions (FAQs)What medical mistakes can I pursue hospital & doctor malpractice compensation for?
You may file medical malpractice claims seeking rightful compensation for a diversity of errors such as surgical negligence, medication mistakes, failure to diagnose illnesses timely, preventable infections, birth-related injuries, nursing home abuse, and more that cause preventable patient harm. However, a lawyer must substantiate definitive negligence.How much does retaining a medical malpractice lawyer cost upfront?
Know that reputable law firms like ours customarily offer legal services on a contingency fee basis -- meaning no money must be paid upfront out-of-pocket by injured victims early to retain representation. Moseley Collins Law only earns fees if and when your case is resolved successfully down the road. Early case expenses also get covered and reimbursed from settlement funds.What types of damages can I claim through successful California medical malpractice lawsuits?
If demonstrable healthcare negligence directly causes quantifiable patient harm, you may potentially recover damages covering both economic costs and non-economic losses. This includes medical costs, lost income & benefits, rehabilitation & accessibility modification expenses, supplements if applicable, paid caregiver fees, prescription drugs and documented out-of-pocket costs attributed to life care needs ahead. Additionally, non-economic damages can combine with economic costs addressing physical pain, emotional distress and reduced quality of life going forward. Speak to our lawyers for specifics about California laws.Who is responsible for paying my medical malpractice claim ultimately?
Any financial compensation for damages gets paid out from the liable defendants' active medical malpractice insurance policies up to maximum coverage limits. For hospital facility negligence, defendants potentially include the hospital itself, supervising medical groups, individual doctors or nurses, technicians, pharmaceutical companies, or other specifically implicated healthcare providers directly involved with committing errors affecting patient care and outcomes.