Medical Malpractice

We understand medical malpractice

Medical malpractice occurs when a medical professional violates a standard of care. This is different from just basic negligence. The standard of care is determined by what other doctors, physicians and other medical professionals in the community view as best practices in the field.

Medical Concept Hospital Corridor With Rooms 3d Illustration

What defines medical malpractice?

Examples of medical malpractice may include

  • Fraud, especially in dental cases and nursing homes
  • Leaving a clamp or a sponge inside a patient following a surgery
  • Doing surgery on the wrong side of the body part or the wrong side of the party
  • Misdiagnosis, or failure to diagnose
  • Administrative mistakes and errors for which a doctor is liable

We can help you take action on your medical malpractice case.

At Pena Law, we understand that medical malpractice is a serious issue that can have devastating consequences. Vanessa Pena is well-versed in medical malpractice law and can help you better understand your case and take action to seek the compensation you deserve.

If you think you have a case:

1. Be aware of the Statute of Limitations for medical malpractice claims

You have only one year from the date the incident occurred or from the date when you were made aware that malpractice occurred to file your claim. There is also a requirement from the state of California that you need to send an intend to sue letter within 90 days. This is a formal notice to the medical professional letting them know of their wrongdoing and what you are claiming. Once this is sent you must wait 90 days to file a suit, all while keeping in mind your one year statute of limitation.

2. Know that time is of the essence

The people that were involved in your care or treatment have the best recollection of the events occurring around your possible case, so acting quickly will ensure an accurate recollection of facts.

3. Understand that damages are limited

Medical malpractice cases are also limited in the state of California in the damages that you can recover to only $150,000, making certain cases more complicated. Having an attorney who can properly evaluate and submit this claim on your behalf is advised.

4. Seek advice from a trusted attorney

Speak to an attorney immediately to preserve your statute of limitations and to get advice on how to move forward. Contact Pena Law for a consultation to discuss your possible claim and your best available options.