Medical malpractice occurs when a doctor, nurse, medical technician, hospital worker, or other healthcare professional acts with negligence, whether it be accidental or otherwise, that results in injury and harm to the patient. In order for medical malpractice to be filed, there need to be certain facts established regarding to the medical malpractice. There are four points which must be met and proven to have happened in order for your medical malpractice suit to be accepted. A qualified attorney with experience in medical malpractice lawsuits can help you gather the necessary evidence to prove that you or a loved one were a victim of medical malpractice in Stockton, CA.
The doctor must have had an established relationship: A patient in Stockton must have entered into a relationship with a doctor, whether by going for a diagnosis, surgery, being rushed to the emergency room, or visiting them for physical therapy. The doctor, likewise, must willingly taken on the patient. Generally, these instances are defined by the mutual benefit of both parties: the patient will receive medical treatment to recover from an injury or illness and the doctor will receive the benefit of getting paid for their service. If you are not in a doctor-patient relationship with a healthcare professional, your medical malpractice is likely to be thrown out.
The doctor must have acted negligently: When a doctor’s actions result in further injury or death, it is possible that the doctor was negligent in their duties. This negligence can only be classified as such by the expert testimony of the other doctors and medical workers. The way to know whether or not the doctor acted negligently is to ask the other doctors if they would have acted as the doctor did under the same conditions when faced with that same situation. If the majority of doctors disagree with what your doctor did and would not have made that treatment error, the doctor will likely be prosecuted for acting negligently.
The negligence must have resulted in injury: After a doctor commits the negligence, an injury must have resulted. This can include a surgery error, complications from leaving foreign objects in the body during an operation, misdiagnosing a disease which only reduces health, and other such injuries. It is crucial that the actions of the doctor caused the injury itself.
The injury must have caused physical harm: There are times when surgical errors or other malpractice actions do not harm the patient enough to merit a lawsuit. There must be real damage done in order for the courts to determine that a lawsuit is worthy. If there is no damage there can be nothing to repair. This is because the premise of medical malpractice relies on the assumption that someone was injured due to a person’s actions. If no one was hurt, there can be no lawsuit. For example, if a stray incision occurred during a surgery but the surgeon was able to repair it and there were no long-lasting effects, a medical malpractice lawsuit may not be in your best interest. If, however, the stray incision caused an infection or causes you more pain than what is expected, an experienced lawyer may be able to get you the compensation you deserve.
Common Examples of Medical Malpractice
There are many individuals who can commit medical malpractice. Professionals like doctors, surgeons, nurses, physical therapists, medical technicians, and other healthcare professionals can all face medical malpractice. In addition, you can fall victim to medical malpractice in more than one location. You can be a victim to medical malpractice in Stockton, CA in places like specialized treatment centers and physical therapy facilities. Below are some examples that can occur at healthcare facilities:
Failure to Diagnose: Here, the medical malpractice occurs due to a lack of attention paid to the patient or a lack of knowledge in that field of medicine. Some doctors may not recognize certain symptoms of a disease and may not prescribe the necessary treatment for rehabilitation. Unknowingly, the patient could then suffer an injury due to the illness the doctor was unable to diagnose. In this case, the doctor could be held liable for their inability to detect the symptoms of a disease. Further, if a doctor misdiagnoses a patient, leading to lengthy treatment and additional medication that has no positive effects, he may be held responsible for his actions.
Wrong Medication: Prescribing the right medication is an essential part to a patient’s future livelihood. Doctors must know what medication is best to prescribe for certain illnesses and conditions while knowing how it may affect that patient’s body. If a doctor prescribes the wrong medication, it can have severe consequences on the patient. The doctor, in this, case could be sued for medical malpractice for not knowing what medicine to prescribe.
Improper Treatment: Some doctors will go about treating a condition the wrong way. They may ask you to try and perform tasks that you are not healthy enough to do, leading to injuries. A doctor error of this nature is common, as doctors can say that you were not following directions properly or it is not their fault you were injured.
Surgical Error: A surgery mistake can be quite severe if it occurs on a sensitive area like the brain or heart. Some surgeons may make even graver errors, such as mistakenly amputating a limb or operating on the wrong organ. Surgery also features numerous people in the room with various tasks; a nurse may stitch you up and leave a foreign object in your body, while a medical technician may not properly sterilize equipment and allow an infection to occur.
If you believe that you have suffered medical malpractice based on any of the above examples, you may be entitled to sue for medical malpractice and collect the necessary compensation for your injuries.
Important Points to Remember
First and foremost, you need to know that when it comes to hospitals, most doctors are not direct employees of the hospital. In a sense, they are like contractors. This means that you can only file a lawsuit against the doctor, not the hospital where you got treated. Other individuals, like technicians and other hospital staff are employed by the hospital, and so you can sue the hospital if one of them commits an error.
Therefore, it is a hospital’s duty to inform you of the doctor’s employment status; of whether or not they work for the hospital. This alert is normally given to you at the admissions form you sign upon going in for treatment. There are times, however, when you are unable to sign the form – for example, if you are rushed into the emergency room, you will not be asked to read and sign a form if you are bleeding out. If there occurs malpractice in the emergency room while you were not aware that the doctor was not a member of the hospital’s staff, it is possible that you could sue the hospital or the emergency room if you have a qualified attorney who will fight for your rights as a patient.
Statute of Limitation: When filing a claim, you must remember that you have a certain time limit to do so before you are unable to take legal action against the doctor or health facility. This time limit is called the statute of limitations and it can be thought of like an expiration date that most crimes have. The statute of limitations for medical malpractice injuries is one (1) year from the date you discovered the error or should have discovered the error. If the injury does not manifest itself within the year, and you do not discover it until later, you will have three years from the date of the injury itself. If the person injured was a minor, their parents or guardian can file a lawsuit on their behalf. Alternatively, the statute of limitations of a minor does not go into effect until their eighteenth birthday.
The Normandie Law Firm Is Here for You
Medical malpractice cases can be difficult to prove. There are many loopholes through which to jump, deadlines to follow, and points. Our experienced attorneys will get you the best possible compensation for your medical malpractice lawsuit. We can help you file the necessary lawsuit and gather all of the evidence you need. Our experienced lawyers are here for you and will not rest until you have been awarded the necessary compensation.
FREE LEGAL CONSULTATION: Call us today to receive free legal consultation for your case. An attorney with expertise in medical malpractice claims will guide you through the legal process and answer any questions you may have about the legalities and your rights. Our lawyers will give you their initial thoughts.
All of our clients have the zero-fee guarantee. This means that you will not pay out of pocket expenses throughout the litigations process. If we win your case, our fees come from the settlement itself; the defendant, therefore, pays your attorney’s costs. If we lose, you do not owe us a nickel. We do this to guarantee that your financial security is kept stable.
To speak to one of our professional medical negligence attorneys, contact Normandie Law Firm right away.
List of Major Hospitals in Modesto:
Central Valley Specialty
Doctors Medical Center
Memorial Hospital Medical Center
Stanislaus Surgical Hospital
Kaiser Permanente
