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Are Medical Malpractice Lawsuits Difficult In California?

On Behalf of | Jun 15, 2019 | Wrongful Death

If someone you love is killed due to the negligence or carelessness of a healthcare professional, you should be able to hold that person responsible for their actions. With the help of a California wrongful death lawyer, you should get the compensation you and your need. Licata & Yeremenko, A Professional Law Corporation, we are here to help.

However, these cases are complex, and securing the amount you truly deserve can be difficult. Today, we want to discuss a recent wrongful death case and analyze how the laws in California affect so many grieving families.

What We Know Can Happen

It really is no longer a secret that medical mistakes are the third leading cause of death in the United States. According to researchers at Johns Hopkins, around 250,000 people lose their lives each year due to the careless or negligent actions of medical professionals.

Today, we want to share the story of Season Picard. In December of 2017, she went into the hospital for a partial hysterectomy. She was 43 years old and a mother of three.

She died a little more than a month later.

“Apparently she had a bad infection that wasn’t caught and she passed away in her sleep,” said her husband, Michael Picard.

Picard’s attorney said that Season’s doctors found an infection and grapefruit-sized clot during a follow-up visit but sent her home instead of to the hospital. The attorney claims that she would be alive if she had been sent to the hospital instead.

Here is the thing – the attorney took the case only because Season Picard was a nurse. Had she been a stay-at-home mother, he probably would not have taken it.

Why?

Because of the Medical Injury Compensation Act. Because of this 1975 law, there is a cap of $250,000 on how much non-economic damages, known as pain and suffering, can be recovered in a medical malpractice case.

Because Season Picard was the primary breadwinner in her household, this case was able to gain a higher payout for the family because the losses were economic – they were real and calculable according to the law.

This 1975 statute is currently being appealed in Los Angeles, so we will see what the future holds in California. Will families be able to secure the compensation they truly deserve in these cases?

We Are Ready To Get To Work

We know that this is an incredibly difficult time for you and your family. Our compassionate and qualified team is ready to help you sort through this. Let us investigate what happened if you think the careless or negligent actions of a healthcare professional contributed to the loss of your loved one. At Licata & Yeremenko, A Professional Law Corporation, we will work to secure the compensation you need, including:

  • Funeral and burial expenses
  • Cost of pre-death medical care
  • Loss of future income and benefits of the deceased
  • Mental anguish damages
  • Loss of consortium or companionship damages
  • Punitive damages against those responsible

If you need a California wrongful death lawyer, you can reach out to us on our website by clicking here or calling us at 818-783-5757.

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