When you seek medical attention, you expect to receive dedicated, helpful care. Medical harm by negligent professionals shakes your faith and leaves you wondering where to turn. Your road to recovery starts here with the Emeryville medical malpractice lawyers of Arias Sanguinetti.
As an advocate for malpractice victims like you, our Emeryville personal injury lawyers will apply our legal knowledge to hold providers accountable and help you recover financial compensation moving forward. With compassionate counsel, we explain your legal options, represent your best interests, and fight to secure the settlement you deserve.
Explore what you can do to strengthen your medical malpractice claim and how our legal professionals can help you maximize your case.
You Are Not Alone in This Fight
Thousands suffer injury or the loss of loved ones from preventable medical errors every year. The National Institute of Health (NIH) reports that about 26% of medical malpractice claims are due to diagnosis mishaps, and almost 30% are due to mistreatment. With medical malpractice being such a common occurrence, there is no shortage of help for victims.
You may feel isolated, but a community exists, ready to support you. Our legal team has helped numerous victims like you through recovering from medical negligence and can guide you, too.
What to Do If You Suspect Medical Negligence
While each medical malpractice lawsuit is different, the steps to take to protect yourself or prepare for a legal battle are similar, regardless of your jurisdiction. Attempt to do the following:
- Gather information: Collect all relevant medical records, prescriptions, test results, and any other documentation related to your medical treatment. This information will be crucial in evaluating and supporting your suspicions of medical negligence.
- Consult an attorney: If you believe you have a valid medical negligence case, consult a qualified medical malpractice attorney. They specialize in this area of law and can provide legal advice based on the specific circumstances of your situation. An attorney can help you understand your rights, navigate the legal process, and potentially pursue a medical malpractice claim.
- Get a second opinion: Seek a second opinion from a trusted and qualified medical professional in the same field or specialty. They can provide an independent assessment of your case and offer insights into whether negligence may have occurred.
- File a complaint: If your concerns are not adequately addressed or if you believe the negligence is severe, consider filing a formal complaint. Contact the appropriate regulatory or licensing board that oversees healthcare professionals in your jurisdiction. They can guide you through the complaint process and initiate an investigation.
- Keep records: Maintain a detailed record of all interactions, conversations, and correspondence related to your suspicions of medical negligence. This includes dates, times, names of individuals involved, and summaries of discussions. These records will be valuable if you decide to pursue legal action.
- Seek support: Dealing with suspicions of medical negligence can be emotionally and physically challenging—contact friends, family, or support groups to help you cope with the situation. Consider seeking counseling or therapy to address any emotional distress you may be experiencing.
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Investigating What Went Wrong in Your Care
The first step is conducting an in-depth review of your medical records and care timeline to pinpoint what lapses or errors occurred. As your advocate, the medical malpractice attorneys at Arias Sanguinetti have the resources to consult medical experts and piece together events leading to your harm.
Generally, our firm will employ experts, such as medical specialists, who explain how your treatment would typically go and work to identify what went wrong. Our medical malpractice lawyers in Emeryville will also look into the background of the medical team who handled your treatment to identify any open or pending complaints or lawsuits.
Having the help of a lawyer is critical, as trying to investigate, speak to witnesses, get medical opinions, and do other things can be difficult for victims who are still injured.
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Understanding Negligence Is the Key to a Strong Case
Not all poor outcomes mean negligence occurred. However, we can assess if standards of care were breached through subpar treatment, a lack of informed consent, or a failure to diagnose promptly. Clear evidence of preventable errors is crucial for malpractice cases.
Clear-Cut Signs of Medical Malpractice
While these signs do not prove negligence, they can warrant further investigation. Here are some examples:
- Unexpected or worsening medical condition: If your medical condition unexpectedly worsens or you experience new and unexplained symptoms after receiving medical treatment, it could be a red flag of potential negligence.
- Delayed or misdiagnosis: If there was a significant delay in receiving a diagnosis or if you were initially misdiagnosed, resulting in harm or a worsened condition, it may indicate potential negligence.
- Medication errors: Mistakes in prescribing, administering, or monitoring medication can have serious consequences. If you have experienced medication errors such as receiving the wrong medication, incorrect dosage, or adverse reactions due to medication, it may suggest negligence.
- Surgical errors: Surgical errors can include wrong-site surgery, incorrect procedures, damage to organs or tissues, or leaving foreign objects in the body. These are serious red flags that may indicate medical negligence.
- Lack of informed consent: If you were not adequately informed about the risks, benefits, and alternatives of a medical procedure or treatment and you experienced harm as a result, it could be a sign of potential negligence.
- Failure to follow the standard of care: If the healthcare provider deviates from the accepted standard of care for their profession, which results in harm, it can indicate potential negligence. This could involve negligence in monitoring, follow-up care, or treatment protocols.
- Documentation discrepancies: Discrepancies or inconsistencies in medical records, such as missing or altered information, can be a red flag. It may indicate attempts to cover up mistakes or negligence.
- Lack of communication or disregard for patient concerns: If healthcare providers fail to adequately communicate with you, dismiss your concerns, or respond to your questions or requests, it may suggest negligence or a lack of proper care.
- High rate of complications or adverse outcomes: If you notice a pattern of high complications or adverse outcomes associated with a specific healthcare provider or facility, it could indicate potential negligence.
Calculating the Full Extent of Your Losses
The impacts of malpractice can be extensive, physically, emotionally, and financially. To establish a full claim value, we work with medical and vocational specialists to quantify past and future medical costs, lost income, out-of-pocket expenses, and intangible damages you endured. A typical medical malpractice settlement in Emeryville could recover:
- Medical expenses
- Pain and suffering
- Permanent scarring or disability
- Loss of consortium
- Punitive damages
- Reduced quality of life
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Obtaining Accountability When Trust Is Broken
Holding providers responsible for negligent actions gives you power back and helps prevent future errors. Our Emeryville medical negligence attorneys are not afraid to take on hospitals and doctors by demanding investigations, negotiating fair settlements, or filing lawsuits if justice demands it.
Moving Forward After Malpractice With Legal Support
With legal guidance, medical trauma does not have to define you. The Emeryville medical malpractice attorneys of Arias Sanguinetti can help you gain closure, pay for therapy, and confidently transition into your new normal. Though steep, the journey toward healing is ahead, and it begins with a free consultation session.
Contact us to discuss the justice that you deserve. We promise to lead with compassion, respect, and tenacity every step of the way.