Unfortunately, medical malpractice claims have grown over the decades to the point where medical errors have been alleged by researchers to be the third largest cause of death for people in this country. These are errors made by medical professionals of all kinds whose treatment deviates from accepted standards of care for their field of practice. It can also include medical malpractice by hospitals and clinics. These are generally complex cases that require the review and testimony of expert witnesses who can back up your claim that you were injured by the treatment you received under the care of these individuals or entities.
Because of their complexity, you will need a personal injury law firm to represent you in any allegations of malpractice on the part of your medical provider. At A. Davies Personal Injury Law, I exclusively practice in this field on behalf of clients throughout Marin County, Silicon Valley, and the San Francisco area. Because you are limited by a statute of limitation in these cases, it is important that you contact my firm as soon as you suspect your injuries have been caused by medical negligence. I can ensure that your case is thoroughly reviewed to determine if it is in your best interests to pursue a claim through the courts.
Medical malpractice can occur in many ways and be committed by doctors, nurses, dentists, surgeons, anesthesiologists, pharmacists, therapists, psychiatrists, chiropractors, and any other medical professional.
Cases involving medical malpractice can include but are not limited to:
- Emergency room errors
- Surgical errors
- Anesthesia errors
- Intensive care injuries
- Failure to diagnose
- Medication errors
- Pharmacy errors
- Birth and neonatal injuries
- Vaccine injuries
- Radiation injuries
- Infection, including sepsis
- Pediatric errors and injuries
To succeed in a medical malpractice claim, it must be proven that the practitioner owed you a “duty of care,” that this duty of care was breached, meaning it failed to meet accepted standards of care in its field, and that you were directly harmed as the result. Because these cases deal with standards of care in the field of medicine and healing, they require the input of medical experts to testify on your behalf that errors or negligence occurred.
For example, if a surgeon left a surgical sponge in your body after your surgery which led to infection and further complications, it would generally constitute medical malpractice.
Compensation in medical malpractice cases is similar to those in other personal injury claims. Compensation can include past and future medical expenses, pain and suffering, emotional distress, lost wages/income, and any other out-of-pocket expenses related to the injury. However, medical malpractice cases in California are subject to caps on non-economic damages in both injuries and wrongful death. Non-economic damages are those that lack a tangible bill or invoice, such as pain and suffering and emotional trauma.
Contact my firm to schedule a free initial consultation about your case. You can reach A. Davies Personal Injury Law online or at (408) 577-3441 to get started.
Not every situation meets the criteria for filing a medical malpractice claim. Your case will need to be thoroughly reviewed to determine your next course of action. Furthermore, medical malpractice cases take time to be evaluated, developed, and moved through the legal system. With some exceptions, you generally have one year from the date you discovered the injury to file your lawsuit or three years from the date the injury occurred, whichever came first.
As soon as you believe you have been harmed through medical malpractice, I recommend that you contact my staff to book your free case evaluation to get proper legal advice and guidance. I am committed to providing you with the assistance you need in seeking optimum results in these critical cases.