The past deceased have witnessed a dramatic increase in the prevalence of diverticulitis disease in the United States. Though there has been much progress in the management of the disease many individuals have little choice but to elect for surgery to remove the part of the colon affected by the disease. The laparoscopic system is the most often used method for colectomy since the late 1990’s. Many complications associated with colon removal can result in devastating harm patients. Victims are entitled to compensation for any damages suffered due to a surgery malpractice. If you have any further questions after reading this article please feel free to contact our offices.
Establishing Surgical Error / Malpractice – Wining Your Case in the Court of Law
Medical practitioners are required to follow specific guidelines established by the medical community at large as well as the medical specialty they are members of with respect to any treatment or procedures that are conducted. The failure to follow established guidelines can formulate a basis for a medical negligence claim. There are four essential elements which need to be proven in a medical error claim.
- Duty of the defendant towards the patient: As stated above medical practitioners including doctors owe a duty towards patients to follow specific procedures delineated by the medical professing at large and the medical specialty they are members of.
- Breach of a duty: A breach of a medical duty takes place when the medical practitioner fails to comply by the set guidelines.
- Causation: The cause of the harm that was suffered need to be a result of the failure to comply.
- Damages: There needs to be discernible, quantifiable and diagnosable injuries and or damages to the patient who is pursuing a claim.
Recovery Available for Victims
Victims of surgical errors and malpractice are entitled to full and just recovery for all damages sustained. The average case settlement or potential recovery is predicated on several significant factors unique to every case. A list of some of the most important factors in determining the potential value of your case is provided for here…
- The extent and severity of the injuries you suffered.
- Your current medical and rehabilitation costs.
- Calculation of future medical expenses and home case expenses.
- Loss of income and future loss of earnings potential.
- Non-economic damage including pain and suffering and mental anguish.
- Availability for punitive damages: Punitive damages are awarded when the at fault medical practitioner acted with either the intent to cause harm to a patient or in reckless disregard for the life and health of the patient.
- Note: The state of California has placed a $250,000.00 cap on a victim’s right to restitution on medical malpractice cases for non-economic damages including punitive damages.
Cost of Legal Representation
One of the biggest problems facing victims of personal injury is the high legal cost associated with legal representation. That is why our law firm chooses to represent victims of medical malpractice on a NON WIN ZERO FEE contingency basis. A contingency fee basis means that our client will not have to pay a single penny out of pocket for any of our legal work. Payment for our work will only be provided once there is a financially successful resolution of your case. We take a percentage of the total recovery. And if there is no recovery in your case you will not owe us a single penny.
Free Legal Consultation Available: If you have any further legal questions regarding your case feel free to contact our law offices. All legal consultations are provided by our attorneys free of charge.