We put an incredible amount of trust in our medical providers. They’re the ones who prescribe medications for our intricate immune systems, make decisions about our care options, and, most importantly, perform surgeries when they deem it necessary. When doctors make mistakes, the impact can be devastating. Medical malpractice can inflict severe pain, permanent disability, substantial wage loss due to the inability to work, a markedly reduced quality of life, and significant emotional trauma upon victims. More often than not, the new medical issues that victims face are completely unrelated to the issues they were seeking care for initially. Often doctors, driven by ego or fear of liability, will attempt to convince patients these complications are to be expected, do not exist, or are simply the patients’ fault. At Arias Sanguinetti, our expert medical malpractice attorneys believe that when these horrific consequences of medical malpractice occur, someone must be held accountable.
We understand that speaking up after experiencing malpractice takes immense courage. Doctors and other medical professionals are seen as authority figures, making it hard to challenge their words and actions. Medical malpractice cases are notoriously difficult to win, but with over 300 years of combined experience dealing with negligent doctors, our attorneys have had great success litigating against medical providers, medical care centers, and insurance companies for medical malpractice. Contact us today to discover how we can help you seek justice for what you have been through.
What are examples of medical malpractice?
Medical malpractice is a broad sweeping term that can refer to a wide variety of circumstances. Most often, medical malpractice occurs in cases of:
- Misdiagnosis. Whether it is because a doctor is rushing or misinterpreting test results, a misdiagnosis can lead to incorrect or delayed treatment. This can cause new complications to arise and the original condition to get worse.
- Negligent hospital care. Often the result of understaffing, negligent care during a long-term hospital stay can lead to both a condition worsening and emotional trauma.
- Surgery error. This can have the most severe consequences, sometimes even causing paralyzation or death. Commonly in these cases, doctors perform broader surgeries than they have been authorized to perform – a reckless approach that can have severe consequences.
- Failure to monitor post-operation. Doctors must provide necessary care for patients recovering from surgery – if their failure to do so leads to complications, it is malpractice.
- Anesthesia errors. This can cause excruciating pain during surgery, leading to extreme emotional trauma.
- Incorrect medication. Whether it is due to doctor, pharmacist, or nurse error, incorrect medications can have dire consequences.
- Childbirth injuries. Childcare is complex, and negligent care can lead to life-long complications for babies.
These instances of malpractice are egregious injustices, and our medical malpractice attorneys are committed to holding negligent doctors accountable. Contact us today to learn more about your legal options.
Do I have a medical malpractice case?
Medical malpractice cases are more common than many believe, with around 1 in 20 patients being exposed to preventable harm in medical care. Despite this fact, they can be uniquely complex to litigate because of the societal trust in doctors as experts. Our medical malpractice attorneys have won numerous verdicts and settlements for our clients and will be your expert advocates.
To win your case, the law requires that we prove that the doctor who caused you harm deviated from standard medical practices, and another similarly situated healthcare provider would have acted differently. In many cases, doctors have wide authority to act as they see fit. We will conduct a thorough investigation and bring in experts to attest that your doctor abused this authority.
Due to the complex nature of these cases, if you suspect that you have been a victim of malpractice, you should immediately contact the medical malpractice attorneys at Arias Sanguinetti. The earlier in the process we can begin to help you, the stronger your case will be.
Our medical malpractice attorneys will encourage you to:
Document everything. Even the smallest interaction can be evidence in court, so write down every contact that you have with your healthcare provider.
Gather pre-care paperwork. Any paperwork you received before you received care will be essential evidence.
Keep records of follow-up care. Evidence of any medical care that you need to treat the consequences of the malpractice should be gathered. This includes emotional treatment such as talk therapy.
Choose to file a lawsuit within one year of discovering your injury. In California, you have one year after discovering the consequences of malpractice to file a lawsuit.
These complexities can be daunting. You do not have to navigate this challenging process alone. Schedule a free consultation with our legal experts at Arias Sanguinetti today.
Should I sue for medical malpractice?
When considering whether to sue for medical malpractice, it is important to understand a key factor that is often overlooked: doctors have medical malpractice insurance. Doctors know that they may make mistakes and that you will be highly compensated for these errors. Due to the prevalence of malpractice, there are limits to the financial compensation that can be won from negligent medical providers in California:
- Non-economic/pain and suffering damages. You deserve to be compensated for the high emotional toll of suffering medical malpractice, but, due to California caps, you cannot be compensated more than $250,000 for this element of your experience.
- Economic losses. There is no limit on compensation for economic losses such as medical expenses, lost wages, increased cost of living due to injury, etc. You can be compensated for 100% of your economic losses.
Despite what doctors might suggest, claiming malpractice is a way to hold them accountable for their actions. By pursuing legal action, you are not only seeking justice for yourself but also helping to ensure that future patients do not experience the same hardships.
As you well know, medical malpractice always comes with a slew of financial damages for its victims. From the inability to work to unforeseen long-term medical expenses, the costs can be overwhelming. Seeking compensation is not only about covering these expenses – it is about providing you with the financial relief you need to focus on your health and emotional recovery without the added strain of financial stress.
Contact us today to learn more about your legal options and how we can help you.
Call or text 310-844-9696 or complete a Free Case Evaluation form
