Question 1

What is the non-emergency contact number for the local police station in Salinas, California?

Accepted Answer

The non-emergency contact number for the Salinas Police Department is 831-758-7321.

Question 2

Where can I get a copy of police reports for incidents related to my case in Salinas, California?

Accepted Answer

You can obtain a copy of a police report online at https://salinaspd.org/get-a-report/. In addition, you can contact the Salinas Police Department Records Unit at (831) 758-7090 for further inquiries.

Question 3

What should a patient do if they believe they were the victim of medical negligence in Salinas?

Accepted Answer

Individuals in Salinas that believe they were the victim of medical negligence will need to get the opinion of a different doctor. They should explain their injury and symptoms to the second doctor and why they believe it resulted in medical malpractice. Injured patients must also contact a medical malpractice attorney to advise them on their options.

Question 4

Is it possible to sue a medical professional for birth injuries in Salinas?

Accepted Answer

Yes. A person can sue a doctor, nurse, or healthcare provider in Salinas if they believe they were responsible for birth injuries. A medical professional can cause injury to a mother and their child if they commit negligent acts such as improper use of delivery forceps, misdiagnosis of trauma or disease, and excessive use of a vacuum extractor.

Question 5

Can a victim of medical malpractice in Salinas seek compensation for missed time from work?

Accepted Answer

Victims of medical malpractice in Salinas are entitled to seek compensation for lost wages due to missing time from work due to their injuries. They can also pursue compensation for economic damages such as medical expenses and loss of earning capacity. Claimants could also recover compensation for non-economic damages such as loss of consortium, loss of enjoyment of life, and pain and suffering.

Question 6

What is the statute of limitations for medical malpractice cases in Salinas?

Accepted Answer

In Salinas, a person injured due to medical malpractice typically has three years after their injury to take legal action. If they were not able to immediately detect the injury, they have until one year after the discovery of the injury to file a medical malpractice claim. There are exceptions to the statute of limitations, including cases involving minors, fraud, and foreign objects.

Question 7

Can an injured patient sue a medical professional in Salinas if they signed a consent form?

Accepted Answer

Yes. An injured patient can still take legal action in Salinas even if they signed a consent form. The individual can file a medical malpractice lawsuit if they were not fully informed of their treatment options or were misdiagnosed. They must also demonstrate that they would not have received the treatment if they would know the risks.

Question 8

What does a medical malpractice lawyer do?

Accepted Answer

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Question 9

Do I have a medical malpractice case?

Accepted Answer

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the provider failed to fully explain the risks before proceeding
A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
A patient is informed by their health care provider or hospital that a mistake was made

Question 10

What are the chances of winning a medical malpractice lawsuit?

Accepted Answer

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Question 11

Is a misdiagnosis suitable for medical malpractice?

Accepted Answer

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

Question 12

As a patient, how do I choose a good medical malpractice lawyer?

Accepted Answer

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

Look at the lawyer’s website for details about their malpractice experience and knowledge.
Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

Question 13

What percentage of a settlement do medical malpractice lawyers get?

Accepted Answer

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

Question 14

What’s the statute of limitations on medical malpractice?

Accepted Answer

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

Question 15

How do you file a medical malpractice lawsuit?

Accepted Answer

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

Contact the doctor or health care provider to discuss the injury and a solution to the situation.
File a complaint with the local medical licensing board.
Check the state’s statute of limitations for filing a malpractice claim.
Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

Question 16

How does a medical malpractice lawsuit work?

Accepted Answer

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

Question 17

As a healthcare provider, how do I avoid medical malpractice?

Accepted Answer

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

Question 18

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

Accepted Answer

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

Attorney Names	Bar Status	Experience
Milton Gonzales - Senior Partner	Active	42 yrs
Zoi Jones - Partner	Active	11 yrs
Milton Gonzalez - Senior Partner	Active	42 yrs

Attorney Names	Bar Status	Experience
Robert Rosenthal - Partner	Active	48 yrs
Aaron Johnson - Partner	Active	26 yrs
Jason Retterer - Partner	Active	25 yrs
Jeffery Gilles - Founding Partner	Active	44 yrs
Paul Rovella - Managing Partner	Active	17 yrs

Attorney Names	Bar Status	Experience
Lawrence Biegel - Managing Partner	Active	54 yrs
Joseph Cisneros - Associate Attorney	Active	27 yrs

Best Medical Malpractice Lawyers in Salinas

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Frequently Asked Questions

What is the non-emergency contact number for the local police station in Salinas, California?

What should a patient do if they believe they were the victim of medical negligence in Salinas?

Is it possible to sue a medical professional for birth injuries in Salinas?

Can a victim of medical malpractice in Salinas seek compensation for missed time from work?

What is the statute of limitations for medical malpractice cases in Salinas?