Were you injured due to a medical error in Monterey County, CA? If so, you may be able to take legal action. Contact Mercado Kramer, LLP for a free consultation at (888) 311-4050. Our experienced Monterey County medical malpractice attorneys can help you seek maximum compensation —even if it means going to trial.
We have 18 years of combined experience helping injured victims and their families throughout the area recover the monetary damages they deserve. Medical malpractice cases are notoriously complex and have specific legal requirements, but we’re well-qualified to assist you throughout the entire process.
Why Choose Mercado Kramer to Help Me With My Medical Malpractice Case in Monterey County, California?
Medical malpractice claims can be especially challenging, largely because hospitals and other healthcare providers have substantial financial and legal resources at their disposal. Working with a respected Monterey County personal injury lawyer who understands how to navigate these cases can improve your chances of success dramatically.
Families hire Mercado Kramer because:
- We have nearly two decades of combined legal experience focused on personal injury and medical malpractice cases
- Our lawyers have a strong track record of successful results for clients harmed by negligent providers
- Members of our legal team have been recognized by the Multi-Million Dollar Advocates Forum and The National Trial Lawyers “Top 40 Under 40.”
- We understand how California’s malpractice rules limit certain damages and build strategies that reflect those limits
Our Monterey County medical malpractice attorneys are available to address any questions you may have during your complimentary consultation. Contact our law office in Monterey County, California, today to learn more.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to act with the level of skill and care that a reasonably prudent provider in the same field would exercise. To bring a successful case, we must show that the provider breached this standard and that the breach caused your injury, among other legal elements.
Not every negative medical result constitutes malpractice, as some treatments carry risks even when doctors do everything correctly. The key question is whether the provider acted unreasonably, which almost always requires the assistance of an expert witness.
Note that these claims have additional legal requirements that other kinds of personal injury cases don’t, such as providing 90 days’ notice before your claim can proceed.
How Much Is My Monterey County Medical Malpractice Case Worth?
Every medical malpractice case is unique and requires a thorough analysis of the specific facts and circumstances at issue. However, because the liable parties in these claims are generally well-insured, these cases can be worth high amounts in many situations.
Factors that can affect the value of a malpractice claim can include:
- The cost of your past and future medical care
- Lost income and the long-term effects on your earning ability
- The pain and suffering you’ve experienced
- Whether you’ve sustained a permanent disability and/or will require long-term treatment
- Insurance policy terms and limits
- The strength of the evidence showing negligence
We will review all available facts and collaborate with qualified experts to help estimate the full value of your losses.
What Damages Can I Recover in a Medical Malpractice Case?
If you can prove that a medical provider’s negligence caused your injuries, California law allows you to seek both economic and non-economic damages. These are known as compensatory damages and are meant to make you whole again.
Economic damages may include:
- Medical bills (current and future)
- Rehabilitation
- Lost wages/diminished earning capacity
- Out-of-pocket expenses
Non-economic damages compensate for the personal effects of the injury, such as:
- Pain and suffering
- Emotional distress
- Anxiety and trauma
- Loss of enjoyment of life
- Scarring and other lasting physical changes
California’s MICRA law places limits on non-economic damages in medical malpractice cases, making it all the more important to hire an attorney who can help you make the most of your claim. While rare, punitive damages may also be awarded in select cases that proceed to trial.
How Much Does It Cost to Hire a Medical Malpractice Lawyer in Monterey County?
Mercado Kramer represents medical malpractice clients on a contingency fee basis. This means you do not have to pay anything up front to hire us, nor do you have to pay any hourly fees or retainers. You won’t pay any attorney fees unless we successfully recover compensation for you.
If we win compensation for your case, our fee will be a percentage of that financial recovery. This percentage typically ranges from 30% to 40%, but it can vary depending on factors such as the complexity of your case and whether it proceeds to trial.
This fee structure enables injured patients and their families to access legal assistance without incurring additional costs during an already stressful time. It also means that we’ll be incentivized to maximize the compensation we pursue on your behalf.
Who Can Be Held Liable for Medical Malpractice in Monterey County?
California law permits patients to file malpractice claims against various types of healthcare providers. In many cases, more than one party can be held liable as well, opening up the potential compensation you can recover substantially.
Potential defendants may include:
- Doctors and surgeons
- Nurses and nurse practitioners
- Anesthesiologists
- Hospitals and surgical centers
- Radiologists
- Pathologists
- Pharmacists and pharmacy staff
- Corporate medical groups
Our legal team’s investigation will focus on your full course of treatment. We may review documents such as chart notes, medication logs, imaging results, and communication between departments to determine who may have contributed to your injuries.
What Are Common Types of Medical Malpractice?
Medical negligence can appear in many forms. Common examples include:
- Misdiagnosis
- Delayed diagnosis
- Surgical mistakes
- Anesthesia errors
- Medication and dosing mistakes
- Birth injuries involving mothers and infants
- Failure to monitor a patient’s condition
- Not ordering necessary tests
- Communication failures among members of the medical team
These examples highlight how medical malpractice isn’t limited to a single type of mistake—it can occur at any stage of care, from diagnosis to discharge. Victims of malpractice often face long-term health issues, emotional trauma, and steep financial costs.
If you suspect that a medical error contributed to your injury or a loved one’s condition, it’s important to consult with an attorney who can investigate the circumstances and help you understand your legal options.
How Long Do I Have to File a Medical Malpractice Lawsuit in California?
California has strict time limits for personal injury and medical malpractice cases, known as the statute of limitations. If you do not file within the required time limit, you may lose your right to compensation altogether.
In most cases, you must file either within one year of discovering the injury or within three years of the date the malpractice occurred (whichever comes first).
However, note that some exceptions exist. For example, minors often receive more time, and the deadlines may be extended in situations involving fraud or concealment. That said, exceptions are narrow and depend on the specific facts of the case.
Since malpractice cases almost always entail expert review and detailed preparation, it is important to speak with an attorney as soon as you suspect that something went wrong.
Schedule a Free Consultation With Our Monterey County Medical Malpractice Attorneys
If a medical provider’s mistake caused serious harm to you or someone you love in Monterey County, CA, you deserve answers. Mercado Kramer has 18 years of combined experience and has obtained substantial recoveries for injured victims across the state. We can help you understand your legal rights and take steps toward the accountability and compensation that California law allows.
Contact us today to schedule a free consultation with our Monterey County medical malpractice lawyers. We are ready to review your case and assist you in planning your best next steps. Remember as well that with our contingency fee payment structure, we only get paid if you do.
