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Written by: Steven R. Clawson
| Read Time: 3 minutes

Most people do not expect to be harmed when receiving medical treatment. When you seek assistance with a health condition and are injured, you understandably might feel confused, angry, and betrayed.

If you believe your injuries resulted from the negligence of a healthcare professional, you might be eligible to bring a medical malpractice claim and seek compensation.

Don’t rely on a medical malpractice settlement calculator that can’t take your specific injuries into account.

An experienced medical malpractice attorney at Wells Call Injury Lawyers can analyze the unique facts and circumstances of your injury to determine the potential value of your case. Contact us today to get started. 

What Is Medical Malpractice? 

In California, grounds for a medical malpractice claim exist when a patient suffers an injury because a healthcare provider acted negligently or deviated from the appropriate standard of care when they treated a patient. Examples of medical malpractice include the following: 

  • Misdiagnosis, 
  • Delayed diagnosis, 
  • Failure to treat a patient’s condition, 
  • Defective or improperly implanted medical devices, 
  • Mistakes in surgery,
  • Errors when administering anesthesia, 
  • Prescription medication mistakes, 
  • Injury to a baby or mother during birth and delivery, and
  • Infections acquired at healthcare facilities.

There are many other types of medical errors that can make you eligible to bring a medical malpractice claim. Speak with a qualified medical malpractice attorney as soon as possible to determine whether you have grounds for a medical malpractice lawsuit. 

What is Statute of Limitations in California?

The statute of limitations is the length of time someone has to file a lawsuit. A failure to file within this statutory period prohibits you from filing your case at a later time.

In California, you must file your medical malpractice lawsuit either three years from the date of your injury or one year after you discovered, or should have discovered, your injury.

The applicable deadline is whichever date occurs first. However, there are some exceptions that will give you more time to file. An experienced medical malpractice attorney can explain how the statute of limitations applies to your case. 

What Factors Affect an Average Settlement for Medical Malpractice? 

You may wonder, How much is the average medical malpractice settlement? Because every injury and case is unique, there is no average medical malpractice settlement value. However, understanding common factors that can influence settlement amounts can provide insight into the potential value of your claim. Common factors affecting medical malpractice settlement values include:

  • The severity of your injuries. The more physical and mental harm you suffer, the greater your settlement value. 
  • Your medical costs. Injuries requiring extensive care, lengthier treatment, and permanent medical interventions increase the potential settlement value of your medical malpractice claim. 
  • Proof of professional negligence. Convincing evidence of professional negligence in your medical treatment strengthens your case and can help you during settlement negotiations.
  • The extent of non-monetary losses. Medical costs and other financial losses are not the only losses suffered by victims of medical malpractice claims. The extent of your injury’s psychological and emotional effects on you also plays a large part in settlement discussions and can significantly impact settlement values. 

A medical malpractice settlement calculator may initially seem like a valuable tool for calculating the potential value of your claim. However, those calculators will not account for your noneconomic losses, such as pain and suffering. It’s vital to include these psychological and emotional losses when calculating your damages to ensure you are fully compensated for your injury. A medical malpractice lawyer can help you calculate and prove all of your damages, including noneconomic damages. 

Contact an Injury Lawyer Today

For over 40 years, the attorneys at Wells Call Injury Lawyers have recovered millions for our clients.

Our legal team is committed to helping you protect your rights so you can recover the compensation you deserve. Clients across California count on our demonstrated ability to achieve justice, even in the most challenging cases.

Contact us today for a free case review to find out how we can help you.

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