Every year in the US more than 100,00 individuals lose their lives due to complications associated with pulmonary embolism and deep vein thrombosis (DVT). Many of these deaths could have been prevented if medical doctors performed the necessary tests in order to diagnoses the issues and provide immediate medical attention. Unfortunately many such cases go undetected because such tests were not performed or were not properly evaluated. If you or a loved one suffered from severe complications due to a DVT pulmonary embolism please contact our law firm. We may be able to provide victims of medical negligence with the compensation they are entitled to.
Symptoms of DVT – What Doctors Nurses and Hospital Staff Need to Be Are of
Medical practitioners need to be aware of specific symptoms of DVT in order to immediately furnish testing for a diagnosis and proper medical treatment in order to abate further medical complications.
- Swelling in the leg; in most occasions the swelling is only on the leg that contains the DVT.
- Pain a cramping in the leg; usually starting in the calf running up the leg and cramping.
- Rapid pulse, coughing up blood, and unexplained shortness of breath and dizziness.
Required Testing Base on Objective Symptoms: If a medical practitioner suspects there may be a DVT an x-ray test on the leg will likely show the presence of the blood clot, other tests that can be used can include an MRI of the leg or a CT scan. In some cases a venogram tests of a less evasive ultrasound or Doppler test can be used.
Treatment of DVT: Once a DVT is detected the main goal has to be to prevent the blood clot from reaching the lungs and causing a pulmonary embolism. In most cases a patient will be prescribed with anti-coagulant drugs such warfrin or heparin.
Filing a Medical Malpractice Lawsuit – Winning Your Case in the Court of Law
The vast majority of medical malpractice cases are predicated on negligence based cause of action. There are four factors which need to demonstrate in order to prove a negligence bases cause of action in a medical malpractice case.
- Factor One: Did the defendant owe a duty to the plaintiff. Medical practitioners owe a duty to take certain actions established by the medical community at large and the specific specialties they are members of with respect to a suspected medical diagnosis or an emergency.
- Factor Two: Did the defendant breach the duty of care owed to the patient. A duty of care is breached when the medical practitioner fails to take the necessary actions established by the medical practice.
- Factor Three: Ws the breach of the duty of care a cause of the accident.
- Factor Four: Was there discernible and diagnosable injuries resulting from the medical malpractice.
Recovery Available for Victims of Medical Negligence
Victims of personal injury are entitled to compensation for all damages incurred due to the negligence of others. Specific categories of compensation include the following…
- All medical and hospitalization costs.
- Costs of future medical and nursing care due to long term or permanent injuries.
- Loss of income and future loss of earnings.
- Pain and suffering and emotional distress.
- Punitive damages: California courts will award punitive damages when the at fault party acted with the intent to cause harm or acted with reckless indifference for the life and health of treating patients.
MICRA Restrictions: There are certain limitations with respect to medical malpractice claims recovery in the State of California. Under California’s Medical Injury Compensation Reform Act of 1975 victims of medical malpractice are able to receive compensation for non economic damages, which included pain and suffering and punitive damages. However the monetary amount for non-economic damages is capped at $250,00.
Costs of Legal Representation: One of the most important issues restricting individuals from seeking legal help is the seemingly high costs of legal representation. That is why at out inception our law firm made the decision to represent our clients on a contingency fee basis. Under a contingency fee basis our clients will not have to pay for any of our legal work or any costs associated with their case. Our fees and out costs will only be applied if and when there is a financially successful resolution of your case. If there is no financially recovery then you will not owe us any money for our work.
Free Legal Consultation Available: If you have any further legal questions regarding a potential medical malpractice lawsuit feel free to contact our law offices. All legal consultations are provided by our attorneys free of charge. Our California Law Firm is able to provide legal representation for victims of personal injury across the state including the Los Angeles, Bakersfield, San Diego, the Antelope Valley, San Joaquin Valley, San Bernardino and Riverside County.