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Medical Malpractice Attorneys
If you or a loved one has been injured while in the hands of a healthcare professional or under the care of a healthcare facility, contact our attorneys today. You could be very careful, but, unfortunately, mistakes are still likely to happen. Medical malpractice could result in very dangerous and deadly end results for a patient. That is why it is very important to seek the assistance of a California medical malpractice attorney immediately. We are readily available with several offices located in Irvine, Los Angeles, Fresno, Las Vegas, etc.
What is Medical Malpractice?
Medical malpractice occurs when a medical professional fails to meet the standard of care and is negligent with the treatment or procedure. Medical professionals (surgeons, doctors, nurses, etc.) are trusted people when you or your loved one is sick or injured. When a medical professional provides treatment that is below the standard of care in the community, this puts the patient at risk of injury, and even death.
The standard of care is measured by determining how other doctors or medical professionals would act. So, if the community would not have taken this action, then the doctor or medical professional most likely failed to meet the standard of care.
Medical Malpractice Statistics
Medical errors are one of the leading causes of death in the United States. Their findings suggest that:
- More than 250,000 Americans die annually from medical errors made during surgery or treatment
- Medical errors were the third-highest cause of death during 2016, behind heart disease (~611,000) and cancer (~585,000) but ahead of respiratory disease (~150,000)
- Nearly 10% of all American deaths were due to medical error during the 8-year time period of the study
Contact our California and Nevada malpractice attorneys for a free no-risk consultation to discuss the merits of your medical malpractice claim.
What Kind of Compensation Could I Recover in a Medical Malpractice Lawsuit?
Our attorneys believe that no medical malpractice victim should have to pay for the injuries sustained. We work to make sure medical malpractice clients get some form of compensation for their injuries. Different types of damages we have assisted our clients in obtaining include:
- Emotional pain
- Property Damage
- Healthcare and medical bills
- Physical suffering
- Lost wage and earning capacity
- Punitive damages
- Loss of consortium
These damages are very specific and depend on the facts of your case. During your free no risk consultation, we will determine the facts of the case to see what type of damages you could potentially recover against the liable party.
Common Examples of Medical Malpractice
- Failing to inform a patient of their responsibilities in terms of taking medications, cautioning the patient, or informing them of the benefits of a procedure or medication
- Delay in diagnosis or misdiagnosis
- Surgical errors
- Prescribing the wrong medication
- Failure to provide timely, necessary treatment
- Mistakes made in anesthesia timing or dosage
- Medical professional performing a treatment or procedure above their training level
- Performing a surgery which was unnecessary
- Failing to refer a patient to a specialist doctor or facility when a general doctor can’t treat the problem
- Failing to provide medical staff with proper supervision or training
- Misreading or failing to use lab results
- Financial kickbacks that result in harm to the patient
- Negligent nursing practices
- Delay in delivery
- Providing the wrong treatment
- Vital signs were not monitored, failing to act on vital sign problems
- Failing to monitor a patient after administering treatment
- Failng to monitor a patient after post-operative care
- Reckless or intentional wrongdoing
- Wrongful death
When Should You File a Medical Malpractice Claim?
Every state has a different time frame on when you can file a medical malpractice claim and lawsuit. If you file your medical malpractice claim after this time period has ran, you will be unable to file a lawsuit against the party. However, some states extend the time window if the healthcare provider has shown some type of fraud, misrepresentation, or other foul play. For more information regarding your state’s laws regarding statute of limitations, contact our skilled medical malpractice attorneys today.
Specifically in California, a medical malpractice claim should be filed within the 3 years after the victim discovers the injury. Because this is a very short period of time, it is imperative that you contact a skilled medical malpractice attorney immediately if you suspect some type of negligence on behalf of your health care provider.
Would I Still Be Able to File a Medical Malpractice Lawsuit if I Signed a Consent Form?
This is a very common question our experienced California medical malpractice attorneys receive. Our attorneys advise that signing a consent form does not necessarily weave your rights to sue for medical malpractice. A consent form does not protect a doctor’s negligence.
Types of Medical Malpractice
State and federal law in the United States acknowledges that medical professionals can make mistakes, but when patient care falls below the accepted medical standards and a mistake is made that results in injury or death, this is considered to be medical malpractice.
Delayed Diagnosis or Misdiagnosis – This most commonly occurs when your doctor claims that you are fine and fails to treat an issue. You then discover this issue, but it may be too late and you may be needing more treatments then if it were discovered earlier. A late or wrong diagnosis can delay treatment and lead to serious injury or death in absence of the right treatment. If someone suffers harm as a result of a late or wrong diagnosis, then they have a case for medical malpractice on the grounds of negligence.
Wrongful death –Wrongful death is a claim that a victim’s family members file if the victim has passed away. The compensation from a wrongful death claim are meant to cover burial expenses, the victim’s future earnings, etc.
Birth injuries – Although there have been many medical advancements this past decade, a mother and her baby could be at risk of sustaining injuries during birth. Birth injuries most frequently occur when the infant is deprived of oxygen just after birth. This type of injury can happen when the medical professionals responsible for clearing the infant’s airway do not perform their job fully or properly.
ER or Hospital Negligence –This occurs when a hospital engages in surgical errors. For example, the surgery may have been performed incorrectly, and now has caused several internal damages, such as an infection.
Refusal to provide service or healthcare misconduct – This is also known as bad faith conduct. This occurs when the healthcare provider knows what your condition is, and fails to give you adequate treatment. Refusal to provide service can also include ending medical treatment too early, failing to inform the patient of necessary tests or treatments, failing to inform the patient of the risks associated with a treatment or procedure, and failing to provide full treatment of all conditions.
Reach Out to an Experienced Medical Malpractice Attorney
If you or a family member have suffered as a result of a doctor’s or health care provider’s negligence, contact our attorneys today. An experienced team of personal injury attorneys is ready to help you. Our team of medical malpractice lawyers has handled many of these cases over the years and understands how to build a successful case for these types of claims. Give us a call at Heidari Law Group at 1-833-225-5454 or submit your information through our contact form for a free case evaluation.
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