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Bakersfield Medical Malpractice Attorney

Physicians are meant to protect the health of their patients. Shocking as it may seem, medical error is a leading cause of injury and death in the U.S. If you or your loved one has been a victim of medical malpractice, contact Faulkner Law Offices in Bakersfield, California. Our experienced medical malpractice lawyers are dedicated to recovering compensation for injured people.

Why Choose Our Firm?

Our lawyers have been representing injured people and their families since 1974 in a practice focused exclusively on personal injury matters. We are not intimidated by large corporations or their insurance companies and are willing to take your case to trial if necessary to pursue the maximum compensation available under the law. Our success rate in the courtroom is greater than 90%.

Medical Malpractice Statistics

As stated in the Diederich Healthcare 2018 Medical Malpractice Payout Analysis, a total of nearly four billion dollars ($3,925,073,250) was paid out for medical malpractice claims in the U.S. in 2017. This payout amount represents a 2.34% increase from the previous year.

Percentages of the total payout amount by the severity of medical malpractice outcome were:

  • Death — 30%
  • Major permanent injury — 20%
  • Significant permanent injury — 18%
  • Quadriplegic, brain damage, and lifelong care injuries — 12%
  • Minor permanent injury — 8%
  • Major temporary injury — 7%
  • Other — 5%

However, it’s estimated that only 2 percent of patients who suffer medical malpractice ever file a claim for compensation.  It’s estimated that on average 195,000 hospital deaths were a result of preventable medical errors.  In fact, as many as 1 percent of all hospital patients will become a victim of medical malpractice.

Types of Medical Malpractice

U.S. medical malpractice payouts in 2017 described in the 2018 payout analysis were assigned to the following categories of medical error in the following percentages:

  • Diagnosis — 34%
  • Surgery — 22%
  • Treatment — 19%
  • Obstetrics — 9%
  • Medication — 5%
  • Monitoring — 5%
  • Other — 6%

Recovering Damages in a Medical Malpractice Claim

If you have been seriously injured by medical malpractice, you may have a claim for compensation. Damages you may be entitled to claim include economic damages, such as:

  • Past and future medical expenses related to the injury
  • Physical and occupational therapy
  • Home health care
  • Lost wages
  • Loss of earning capacity

You may also claim non-economic damages, which may include:

  • Pain and suffering
  • Scarring or disfigurement
  • Impairment
  • Loss of enjoyment of life

Pursuant to the California Medical Injury Compensation Reform of 1975 (MICRA) non-economic damages for medical malpractice are capped at $250,000.

Who Is Liable?

State medical malpractice laws apply to all healthcare providers and licensed facilities. Depending on the specific circumstances and facts of your case, potentially responsible parties for medical malpractice injuries may include doctors, nurses, anesthesiologists, hospitals, pharmacists, clinics, and laboratories.

In an effort to minimize your damages, the defendant may argue that you are at least partially responsible for your own injuries, for example, by failing to follow your doctor’s instructions. Under California pure comparative negligence rules, your damages award will be reduced by the percentage of fault assigned to you.

Contact Us Today

Medical malpractice claims are complicated cases involving multiple potentially responsible parties and complex medical and legal issues. Our Bakersfield personal injury attorneys have a history of successfully handling a range of injury matters, including medical malpractice cases. We can negotiate skillfully with insurance companies on your behalf or fight for your rights in court, if necessary.

If you have been injured through medical negligence, contact Faulkner Law Offices today to schedule a consultation. We can tell you if you have a case and what damages you may be entitled to claim.