Being injured at a hospital or while under the care of a medical professional can be a devastating and incredibly damaging experience. Beyond the initial physical trauma, suffering an injury at a hospital can result in financial and emotional damages as well. Whether caused by medical malpractice or by the negligence of the hospital or medical facility staff, those who suffer an injury at hospitals may be eligible to sue the hospital or clinic responsible for their damages. However, when filing a lawsuit against a hospital or other medical facility, it is always in your best interest that you seek legal representation from an experienced attorney who can sue the hospital for medical malpractice or negligence. At Normandie Law Firm our Los Angeles hospital lawsuit attorneys can guide you through the often complicated process of building a case, filing a claim, and reaching a settlement that provides compensation for all of the damages that you have endured. If you have any questions after reading this article, please feel free to reach out to our law offices for a free consultation from one of our top-rated legal advisors.
What Is Medical Malpractice?
Medical malpractice is defined as a medical error which a physician makes that another reasonably competent lawyer would have avoided had the roles been reversed. This error must cause injury to the patient, and as a result, the victim has every right to sue the hospital, physician or other medical facility for their negligence. Medical malpractice can come in a wide variety of forms, from a misdiagnosis to performing surgery on a patient that doesn’t need one. To give you an idea of what medical malpractice looks like we’ve included a list of some of the more common forms of medical malpractice that people typically sue for:
- Misdiagnosis: A misdiagnosis can include a missed or delayed diagnosis of a medical condition. In some cases, health conditions require immediate and effective treatment for a patient to reach a state of recovery. If a patient is diagnosed improperly, they could miss that window of effective treatment and be left with damages that otherwise would have been treated. When proving a misdiagnosis case, you must prove that another, more competent doctor in the same field would have been able to diagnose the condition. If this is the case, you may be able to sue your health care provider for their malpractice.
- Childbirth Injuries: Childbirth is a highly sensitive process, which if done improperly can result in some truly grueling damages to both mother and child. Some of these damages can include brain injuries, fractured bones, or even paralysis. If your physician’s negligent actions or errors caused any of these or similar conditions to the mother or child, or they failed to treat these conditions, you may be able to sue for childbirth medical malpractice.
- Medication Errors: Receiving the right medication for a patient’s condition is critical to their recovery. Unfortunately, errors in medication occur more commonly than any other form of medical malpractice. A medication error can occur at any stage of the treatment process from the initial prescription to a pharmacist administering the medication. If this is the case for you, you may be able to sue your medical provider for their negligence in delivering and administering your medication.
- Anesthesia Errors: Anesthesia is an incredibly sensitive process, that if done improperly can result in brain injury or even death. Some of these errors in anesthesia can include: failing to properly review a patient’s allergy record, failing to inform a patient of the risks, or administering far more anesthesia than is necessary. Often anesthesia errors are far more damaging than even surgical errors, and if you believe this kind of error is evident in your case you may be able to file, a lawsuit against the medical professional responsible.
- Surgical Errors: A surgical error can range from performing the wrong treatment to leaving surgical equipment inside the body. The damages from surgical errors can range dramatically, from organ perforation to death. In surgical malpractice, the surgeon, doctor, or nursing staff could all be held liable for the damages.
Medical malpractice can also occur when a physician isn’t administering treatment. For example, if you suffered from a slip and fall accident at a hospital due to damaged flooring while under a doctor’s care, you may be able to sue the hospital for not providing an adequate level of safety for visitors and patients. However, filing these lawsuits can be somewhat challenging as they require a higher burden of proof than most standard personal injury lawsuits. For this reason, it is highly recommended that you seek legal representation from a law firm that has experience in suing hospitals for negligence.
How To Sue A Hospital For Medical Malpractice
Medical malpractice lawsuits are relatively more complex than most other kinds of lawsuits. Often they require expert testimony from another doctor or physician to prove the negligence of your doctor, physician or medical facility. As well as obtaining an expert testimony, some other aspects make filing a medical malpractice lawsuit far more complex. Listed below are some of the legal hurdles that can come with filing a medical malpractice lawsuit:
- The statute of Limitations: The statute of limitations that surround any case is the specific deadlines wherein you can bring their case to court. If this deadline is ignored, then it is likely that you could find your case dismissed entirely. In most states, the time for bringing a medical malpractice case forward, is somewhere between six months and two years (depending on the state) a lawyer will help in determining the best time to submit your case.
- Medical Malpractice Review Panels: Some states require that injured patients submit their claim to a medical malpractice review panel. This panel is made up of medical experts who will hear your argument, review the evidence and expert testimony, then decide whether malpractice is evident in your case. This panel does not award damages to patients. However, it is an obstacle that must be overcome to take your medical malpractice case to court.
- Special Notice Requirements: In some states, patients are required to give the physician a notice of the malpractice claim in the form of a basic description. This is done before a patient can file anything.
- Expert Testimony: In medical malpractice cases, expert opinions are crucial to the success of a case. State rules vary in determining what makes an individual qualified to provide this testimony, but in most cases, it is someone who has experience in the same field of medicine that involved the patient’s injuries.
- Limits on Damage Awards: Some states establish a limit on the amount of money that a patient can be awarded for their damages. Seeking legal assistance can help in determining if this award cap applies to you and your case.
While filing a claim against a hospital can be challenging it is far from impossible. With the help of a skilled attorney, you could find monetary compensation to cover damages like medical expenses, a loss of wages, and any pain and suffering you may have suffered. One crucial part of filing a medical malpractice can prove the negligence of the medical professional, as well as show how the medical professional’s actions directly led to your damages. Known as a claim of negligence, this critical aspect of a medical malpractice lawsuit is often proven with supporting evidence such as expert testimonies, medical records, and eyewitness accounts. Listed below are the critical elements required to file a successful claim for negligence against a hospital:
- The existence of a doctor-patient relationship: Patients who think they have experienced medical malpractice in the emergency room must be able to prove that there was a physician-patient relationship. This relationship essential means that there was an agreement wherein the patient agreed to be treated, and the physician agreed to treat said patient.
- The physician’s negligence: The patient must be able to prove that the doctor or physician’s negligence caused the damages endured. The physician’s care is not expected to be perfect; however, it must at least meet a medical standard of care. This is where expert testimony comes into play, as you must be able to prove that your physician’s care did not meet the care of another reasonably competent and skilled physician.
- The physician’s negligence caused the injury: The patient must be able to show that it is ‘more likely than not’ that the physician’s specific actions directly caused the injury the patient is suffering from. To do this, a patient must retain a medical expert to testify that the physician’s negligence caused the injury
- The injury led to specific damages: The patient must be able to prove that they have suffered specific damages caused by the injury. Some of these particular damages include: physical pain, mental anguish, medical expenses, lost work, or lost earning capacity.
Medical malpractice can lead to some truly severe and even life-changing damages. Victims can even experience wrongful death which can devastate whole families. Fortunately, under federal and state laws medical malpractice is strictly prohibited, and victims have every right to sue for a physician’s negligent actions. To better guarantee you reach a satisfactory outcome for your case, it is highly recommended that you seek legal representation from a medical malpractice attorney to help you navigate the legal hurdles that come with bringing a case to settlement. Having the right attorney by your side can make all the difference between earning suitable compensation for your damages and having your case dismissed from court entirely.
How Normandie Law Firm Can Help
If you or a loved one have experienced medical malpractice in the hospital, emergency room, clinic, pharmacy, or any other kind of medical facility you may be eligible to file a lawsuit against the physician responsible for your damages. When filing these lawsuits, it is in your best interest that you seek legal guidance from an attorney that has expertise in fighting for the rights of those damaged by medical malpractice. At Normandie Law Firm, our skilled Los Angeles medical malpractice attorneys are committed to ensuring all of our clients receive the resources they need to earn the compensation that they deserve their damages. Victims of medical malpractice can contact our law offices to learn more about how to receive compensation for their injuries. While our law firm is based near Los Angeles, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Bakersfield, Riverside, Fresno, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
