As a patient, doctors and other medical professionals and the hospitals and clinics where they work and practice owe you a duty and responsibility. They have a duty and responsibility to provide you with a high level of care that a reasonably skilled and competent medical professional, with a similar background and in the same medical community, would provide under similar circumstances.
In most cases, malpractice occurs because the physician or another health care professional was negligent, had insufficient skills or poor judgment, failed to supervise, or it was because of another oversight. If you have suffered an injury as the result of medical malpractice, it is important that you consult with one of our California Medical Malpractice Lawyers as soon as possible.
Medical and health care professionals, and the hospitals and clinics in which they work and practice have a duty and a responsibility to their patients. This is also known as a standard of care, meaning health care professionals have a duty to provide the level and type of care that a reasonably skilled and competent health care professional, with a similar background and in the same medical community, would have provided under the circumstances. If health care professionals and facilities breach this duty of care, or fail to provide reasonable care, and a patient is injured or dies, then the foundation is laid for a medical malpractice case.
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A recent study reported that medical errors in hospitals and other health care facilities are the third-leading cause of death in the United States, behind only cancer and heart disease. Medical errors claim approximately 251,000 lives every year, and they cause countless more injuries. In another study, the Institute of Medicine stated that there is an epidemic of preventable medical errors in our health care facilities. Due to the significant number of patients that are in and out of hospitals and clinics every day, it is no wonder these numbers are staggering.
Medical malpractice is essentially any kind of heath care-related negligence, misjudgment, or intentional action that results in the injury or death of a patient. In order to establish guilt in a malpractice case, in most cases, you will have to prove that the doctor or health care provider breached their duty of care owed to you and that that breach caused your injury. Some common reasons for a medical malpractice case might include:
These are just a few examples of the different medical errors that can cause serious physical injuries. In some cases, the injuries caused by medical error will result in more surgery and treatment, and other severe illnesses may develop. In extreme cases, a medical error injury can lead to death.
If you’ve been injured as the result of a medical error, it is important that you seek proper treatment right away. Don’t ignore an injury as failing to address it may lead to even more serious complications or even death. It’s possible that a physician or other health care professional is able to correct their mistake, but if they cannot, you may have a viable medical malpractice claim. Consulting with an experienced California Medical Malpractice Attorney is the best way to determine whether you have a case. Once you decide how you’d like to proceed with your case, our team of attorneys and medical experts will work hard so that you can receive the compensation that you deserve, which could include damages for:
Whether we settle your case outside of court or take your case to trial, we will work diligently to make sure you are fairly compensated.
In California, the statute of limitations for filing a medical malpractice case, or the time within which you must file a case, is three years from the date of the injury, or one year after you’ve discovered, or should have discovered your injury, whichever occurs first. For minor children, malpractice cases must be filed within three years from the date of injury except that cases filed by children who are younger than six years of age must be filed within three years or before their eighth birthday, depending on which period is longer. In addition, if a minor child sustained injuries before or during the course of their birth, they have until their sixth birthday to file a lawsuit.
If you have been seriously injured, or a loved one has died as the result of a medical error, you may have a viable medical malpractice claim. Medical professionals have a duty to provide their patients with a high level of care, and no one should have to suffer in the event that this duty is breached. While monetary compensation may not correct or cure an error, or bring a loved one back, it can at least help alleviate some of the stress and anxiety that comes along with mounting medical expenses or lost wages. Call our seasoned and experienced California Medical Malpractice Attorneys today at (310) 929-4200, or fill out the contact form on our website to learn more about how we can help you.