- Practice Areas
- Video Center
- Case Results
No Win No Fee Guarantee
As a patient, you rely on your doctors and hospitals throughout Riverside to provide you with quality care—whether at Riverside Community Hospital, Parkview Community Hospital Medical Center, or smaller providers in our city.
Even though your provider will often do just that, there are still situations where this standard of care fails. As a result, the patient suffers debilitating injuries, which will forever change their lives.
Patients who are harmed by their healthcare professionals deserve to obtain compensation in a medical malpractice lawsuit. However, to ensure you receive the legal help you need and can trust, you need to hire an experienced Riverside medical malpractice attorney ready to fight for you. With the help of the Gomez Trial Attorneys, you can get just that. Our Riverside medical malpractice lawyers can provide you the answers you need, pursue the compensation you deserve, and fight for the justice the law allows us.
highly skilled trial Riverside Medical Malpractice Lawyers ready to help those who have suffered injuries in an accident throughout Riverside.
Founded by Attorney John Gomez, the Gomez Trial Attorneys is made up of
Over the years, our lawyers have collected over $750 million in settlements and verdicts. Through our dedication, experience, drive, and resources, we have achieved 135 awards of more than one million dollars each, as well as verdicts over one million, ten million, and one hundred million dollars. Our job is to hold wrongdoers responsible for their actions through the civil justice system and get you the compensation and justice you deserve, while also taking a personalized approach to each of our cases.
Some of our latest verdicts and settlements include:
While these are just past results and cannot guarantee an outcome in any case, our track record illustrates why so many Riverside patients trust the Gomez team to handle their claim. That is why if you have been harmed in a medical malpractice accident, you need to get a trial attorney you have confidence in—like one of the dedicated Riverside medical malpractice associates at Gomez Trial Attorneys.
Medical malpractice cases, also referred to as professional negligence, are defined in California as:
Basically, medical malpractice occurs when a healthcare provider or doctor deviates from accepted norms and standards in their profession and, as a result, causes an injury to the patient.
If you believe you have a medical malpractice lawsuit, you need to prove the following elements:
First, you need to establish a physician-patient relationship with the physician you are filing a lawsuit against. This means that you hired a doctor, and that doctor agreed to treat you. Typically, if a physician started treating you, it is easier to show a doctor-patient relationship existed. Frequently, issues arise when you are looking to file a malpractice claim against a consulting doctor who did not directly treat you.
Second, you need to show that the physician was negligent in connection with your treatment or diagnosis. Meaning it is not enough if the doctor made a mistake. To sue for medical malpractice, you need to prove that the doctor also caused you harm because of their negligence. Or rather that they did not use the appropriate medical standard of care and deviated from this standard.
Third, you need to establish that the doctor’s negligence caused your injury. This element is often the hardest to prove. Why? Because many times malpractice cases involve patients that are already injured or sick. As a result, it becomes an issue of whether the doctor actually caused the victim’s harm. Take, for example, a patient who passed away after treatment for their cancer. Even if the doctor did commit negligence, it may be challenging to show that the doctor’s negligence resulted in the patient’s death and not cancer itself. That is why in these malpractice lawsuits, you need medical expert testimony to show that it is “more likely than not” that the physician’s negligence caused the patient’s harm.
Finally, you need to show that the resulting injury led to specific damages. Even if the doctor was negligent, you cannot sue for medical malpractice if you did not suffer some type of harm. This harm can include physical suffering and pain, additional medical expenses, lost earning capacity, lost work, and mental anguish.
What many individuals fail to realize is that many situations can lead to a medical malpractice lawsuit. Typically, people believe that to bring a malpractice claim, they need to show something catastrophic happened to them, such as a doctor amputating the wrong leg or leaving medical utensils in their body during an operation.
However, medical malpractice suits can fall into these categories:
Unfortunately, it is not always easy to determine the defendants in a medical malpractice case.
Those at-fault can include:
As each medical malpractice case is different, obtain experienced legal help if you suspect negligence.
California has unique procedures and rules it requires for medical malpractice lawsuits. If you want to bring your medical malpractice claim in Riverside courts, it is imperative to understand the following requirements:
If you suffer a medical malpractice injury in California, you are required to notify any potential medical malpractice defendant at least 90 days before a lawsuit is filed. This can include any physician or healthcare provider you are planning to file a lawsuit against.
No specific format or form needs to be used when providing this notice. However, you are required to notify the defendant of the following:
Additionally, the law states that if the notice is served within 90 days of the statute of limitations expiring, the time to begin the lawsuit will be extended 90 days from the service of the notice.
In California, medical expert affidavit filings are required to file a viable medical malpractice suit. This expert testimony serves as grounds for filing a medical malpractice claim against a specific doctor or medical healthcare provider with an expert’s testimony that this healthcare provider was negligent.
Most people understand that it is best not to apologize for anything if they are in an accident, as these statements can be an admission of fault. However, there is an Apology Law, also known as the “I Am Sorry” statute in California. This law ensures that if a doctor or hospital apologies, their statement is not admissible in court as indicating fault. These hospitals will often apologize when warranted and come to you with a settlement offer to cover your expenses.
As you can see, California’s medical malpractice laws have created a lot of false assumptions, confusion, and misunderstanding. As a result, this widespread lack of understanding can provide a lot of wrong information for injured patients and their families who are desperately seeking accurate answers. For these reasons, it is vital to contact an experienced medical malpractice attorney who understands all these legal nuances and can provide you the correct legal help you need.
Medical malpractice cases are incredibly detailed. Every piece of evidence needs to be analyzed, and the facts need to be confirmed to make sure your malpractice case has merit. As a result, many medical malpractice victims often have numerous questions and concerns they need answering. That is why with the below guidelines, we want to provide you with a brief overview of medical malpractice claims in Riverside, as well as discuss some frequently asked questions that arise from medical malpractice lawsuits.
In Riverside, you can bring a medical malpractice lawsuit against any healthcare provider involved in your medical treatment and care and whose negligence resulted in your injury or death of a family member.
This can include:
Yes. Even if your harm was not due to surgery, it can still be medical malpractice. These types of malpractice cases often involve a failure to diagnose a severe illness, such as cancer. Additionally, a medical malpractice claim can include a doctor failing to monitor a patient’s progress, failing to prescribe adequate medicine, and even failing to take an adequate history. That is why it is essential to contact a skilled medical malpractice attorney who can determine whether you have a viable malpractice claim and pursue legal action on your behalf.
It is challenging to prove that you have been the victim of medical malpractice. Many times all you know is that you or your family members have received a bad outcome because of some medical treatment, procedure, or type of therapy. As a result, the best way to determine if you have a viable medical malpractice case is to contact an experienced Riverside medical malpractice attorney who can investigate your claim and verify whether you have a case.
One crucial aspect to understand is that not every negative outcome due to some medical procedure or treatment plan is considered malpractice. All treatments and procedures involve some level of risk, even though some procedures are more straightforward than others.
For these reasons, to have a medical malpractice claim, you need to show that the doctor breached the medical standard of care. However, proving that the physician made a mistake is not enough. You need to also show that their error has caused you damage. As a result, if the doctor’s mistake did not cause a patient’s harm, a medical malpractice lawsuit is not very likely.
For you to succeed in a medical malpractice claim, you need to prove the following elements:
If you want to succeed in a malpractice lawsuit, you need to show that the healthcare provider violated their “duty of care.” In California, this standard of care requires that a healthcare provider exercise the knowledge, skill, and care typically exercised and possessed by other profession members acting under similar circumstances. In other words, the doctor deviated from that of a reasonably prudent person in the same position. Additionally, in some cases, for the doctor to comply with the standard of care, they need to refer their patients to specialists. Failing to make such a referral can be considered medical malpractice.
Unfortunately, proving that the doctor violated this standard of care is not enough. You also need to show that this violation caused your injury. That is why you need a skilled medical malpractice attorney fighting for you and helping you gather evidence to prove each one of these elements.
In Riverside, the statute of limitations for medical malpractice cases is one year from when an individual is aware or should have reasonably been aware of the harm done to them. Hidden or not readily apparent malpractice can extend the time period to three years. However, this statute of limitations will also depend on whether the victim is an adult or a minor.
For these reasons, if you suspect medical malpractice, you need to contact an experienced malpractice lawyer as soon as possible. These attorneys can promptly investigate your incident and verify how much time you have to file your claim.
Depending on the type of surgery you had, numerous allegations can arise in a medical malpractice claim, including:
Speaking with an experienced Riverside medical malpractice attorney can help you figure out which grounds for compensation apply to your case.
If you have been injured by medical malpractice in Riverside, you might recover economic, non-economic, and punitive damages.
Economic damages: These damages place you in the position you would have occupied had the injury not occurred. Put simply, it is compensation awarded to you for your verifiable monetary losses.
These losses can include:
Non-economic damages: These damages were created to compensate you for your non-monetary losses, including:
Punitive damages: These damages are unlike economic and non-economic damages. Punitive damages are intended to punish the defendant rather than compensate the victim. As a result, the court only awards them when they find the defendant’s actions egregious and with a conscious disregard for the victim’s safety and health.
According to the Medical Injury Compensation Reform Act (MICRA), enacted in 1975, financial awards in medical malpractice cases are limited. This act puts a cap of $250,000 on non-economic damages. However, economic awards like those that result from lost wages or the cost of medical care are not capped.
California does not follow a charitable immunity doctrine. This doctrine protects nonprofit and charitable hospitals from paying judgments in malpractice cases. Yet, California has enacted several regulations that provide immunity to those individuals who provide emergency assistance, except where gross negligence is involved. For instance, a nurse who, in good faith, rendered emergency services at an emergency scene is deemed immune from liability unless he or she is found to have acted in a grossly negligent manner.
If you are in a medical malpractice lawsuit in Riverside, you must present a medical expert’s testimony to prove that your healthcare provider breached the standard of care. This testimony is required unless the court could make this inference based solely on the facts of the case.
Providing expert testimony supporting your claims in a malpractice case is vital in substantiating the merits of your claim. Your medical expert can establish that the defendant failed to exercise a standard of care or lacked the degree of knowledge or skills held by healthcare providers in their medical field. In addition, these experts can also show that due to this lack of skill or knowledge or the failure to exercise a degree of standard care, you suffered harm that would not have incurred.
In California, to qualify as an expert and testify, the expert needs to have particular skills, knowledge, training, experience, or education sufficient to qualify them as an expert on the subject they are testifying on.
Filing a medical malpractice lawsuit is no easy feat. It can take an immense amount of time, resources, and money. As a result, it is not uncommon for these claims to settle before they head to trial. California does allow patients and healthcare providers to contract for the arbitration of their disputes. However, if they contract for arbitration, it removes their option for trial.
Generally, arbitration is more streamlined in terms of rules and procedures of evidence, plus it is less formal than trial litigation. If you proceed with arbitration, the process will involve three arbitrators- one selected by each party, and a neutral arbitrator agreed by both parties. One common aspect between a trial and arbitration is the issue of damages. If non-economic damages are awarded in an arbitration proceeding, they are still limited to $250,000.
Unfortunately, there is no set amount of time for how long a medical malpractice settlement could take. It depends on the specific circumstances of your claim. In truth, some settlements can happen relatively quickly, while others could take a year or longer.
Medical malpractice cases involve a tedious process that can leave you feeling stressed out and overwhelmed. Instead of focusing on healing and finding the medical care you need, you are looking for experts to support your claim. However, with the help of the Gomez Trial Attorneys, you do not have to go through this ordeal alone.
Instead, you can focus on yourself and getting better while our attorneys concentrate on fighting for the compensation you deserve.
When you believe that your Riverside doctors were at fault for your injuries, the pain, suffering, and emotional turmoil can be overwhelming. Yet, even though this may be a challenging time for you, you must still take certain steps following your incident.
These measures will not only protect your health and safety, but your legal rights as well.
The bond between you and your healthcare provider is one of the most critical relationships in your life. If you have suffered an injury because of a doctor’s negligent actions, you deserve justice and compensation for the harm you endured. That is why it is time to contact the Gomez Trial Attorneys. Our lawyers can fight on your behalf while you focus on yourself, your recovery, and your future.
If medical malpractice in Riverside harmed you or a family member, do not wait any longer. Contact Gomez Trial Attorneys or dial 866-TRIAL LAW (866 874-2552) to speak with us today. Let our team fight for you and the justice you deserve.
Gomez Trial Attorneys
11840 Pierce Street
Ste 200 Riverside, CA 92505
No Fees Unless We Recover Money On Your Behalf