FAQs, Medical Malpractice

Medical malpractice cases are complex, particularly when they involve severe birth injuries or catastrophic brain injuries. As experienced attorneys with decades of practice in this area, Donahue & Horrow LLP understands that potential clients often have numerous questions about the legal process, their rights, and what to expect when pursuing a malpractice claim.

This FAQ provides clear answers to common questions about medical malpractice cases to help you feel more confident about moving forward with the process.

How does Donahue & Horrow LLP evaluate a potential medical malpractice case?
The evaluation of a medical malpractice case typically involves two separate phases. First, we gather medical records, confer with medical expert consultants, and determine if a breach of a duty and causation can be established. This process can take several months depending on the availability of medical records and reviewing medical consultants. Once that has been reviewed, we then consider the appropriate time to file the case, as damages may not be fully apparent immediately after the incident.

What is the typical timeline for a birth or brain injury medical malpractice case?
Once a lawsuit is filed, courts in California typically set a trial date within one to two years. During this time, the case may be resolved through mediation or a settlement conference. However, the evaluation of damages, especially in cases involving severe injuries, often takes time, as experts need to project the long-term effects of the injury over 5, 10, 20 or more years.

How does Donahue & Horrow LLP ensure the credibility of medical experts?
At Donahue & Horrow LLP, we carefully vet our medical experts to ensure they provide honest and candid opinions about the case. Some experts may tell clients what they want to hear rather than giving an accurate assessment of the case’s strengths and weaknesses. We prioritize working with experts who can clearly outline the good and bad aspects of the case, ensuring our clients have a realistic understanding of the medical facts that may or may not support their case.

What should I do if I believe I am a victim of medical malpractice?
If you believe you have been a victim of medical malpractice, it is important to seek legal advice as soon as possible. At Donahue & Horrow LLP, we spend a significant amount of time speaking with individuals who have concerns about malpractice. In many cases, we advise individuals that they may not have a viable case or explain the potential difficulties in pursuing it. In cases where malpractice has occurred, we provide guidance on how to move forward. Further, it is important to discuss your case with an attorney as soon as possible as there are strict deadlines that must be met with each case.

Are severe injuries in medical malpractice cases usually the result of complex medical issues?
Surprisingly, severe outcomes in medical malpractice cases are not always caused by complicated medical conditions. Many cases arise from more straightforward issues, such as a delay in treatment, miscommunication, or failure to follow standard procedures or hospital protocols. While these errors can be simple, they can lead to significant harm and are often easily understood by a jury.

What constitutes negligence in a medical malpractice case?
Negligence in a medical malpractice case occurs when a healthcare provider acts below the applicable standard of care and that breach in the standard of care caused the harm. This could involve a doctor or nurse doing something they should not have done, or failing to take actions they should have. The healthcare provider’s actions must be such that no reasonable doctor or nurse would have acted in the same way.

Does a negative medical outcome always mean there was malpractice?
No, not every negative medical outcome is the result of malpractice. Sometimes, despite the healthcare provider doing everything correctly, the patient may still experience an unfavorable result. For a malpractice claim to be valid, a medical expert witness must establish that the healthcare provider’s actions were below the accepted standard of care, meaning no reasonable doctor or nurse would have acted in the same way under similar circumstances. Or, there may have been a breach in the standard of care, but it did not cause damage.

Is it difficult to prove medical malpractice in California?
Yes, proving medical malpractice in California can be challenging due to the high burden of proof required. The plaintiff must present testimony from many qualified expert witnesses across different medical specialities to establish that the healthcare provider’s actions fell below the standard of care. At Donahue & Horrow LLP, we work with highly respected medical experts to ensure this crucial element of the case is thoroughly addressed.

Contact Donahue & Horrow LLP

If you or a loved one believe you have been a victim of medical malpractice, it is important to seek legal advice from experienced professionals. At Donahue & Horrow LLP, we are committed to providing the highest level of legal representation and guidance in complex medical malpractice cases. Our team has a proven track record of success, and we are prepared to help you navigate the legal process.

To discuss your case and explore your legal options, please contact us today for a free consultation. We will evaluate your case, provide clear advice on your potential claims, and help you understand the next steps in pursuing justice for the injuries and losses you have suffered.