Medical malpractice occurs when you or a loved one suffers injury or death because a doctor or physician has deviated from accepted standards of proper medical care
Medical malpractice suits can be brought against any person or facility in the business of providing health care. This includes physicians, surgeons, chiropractors, physical therapists, nurses, nursing assistants, pharmacists, inhalation therapists, psychologists, psychiatrists, dentists, dental assistants, etc. In addition, hospitals, clinics, laboratories, lab technicians, pharmacies, pharmacy technicians, medical equipment providers, and pharmaceutical companies may be included in a medical malpractice lawsuit.
The act of medical negligence may be in failing to diagnose a disease or injury, delayed diagnosis of a disease or injury, failure to treat, delayed treatment, incompetent treatment, unauthorized treatment, lack of informed consent to treat, birth injuries resulting in cerebral palsy or Erb’s palsy, pharmaceutical error, failure to warn of possible side effects of medications, medical error, chiropractor error, anesthesia error, wrong prescription dosage, failure to perform appropriate testing, misinterpretation of lab results, failure to take preventative measures for stroke or heart attack, abusive treatment, and a host of other possibilities.
The range of injuries that can result from medical malpractice is endless, and can be quite severe. Brain injuries, spinal cord injuries, and wrongful death are, unfortunately, not uncommon.
To win, the Plaintiff Must Show:
1.The health care provider owed a duty of care to the plaintiff.
If the health care provider agreed to care for the patient, then the health care provider assumed a duty to treat him or her with skill and diligence.
2.The health care provider breached that duty of care by rendering care below the standard expected by the medical community.
If the health care provider did not provide services that would be reasonably expected by other skilled and competent providers in the community under like circumstances, then the health care provider breached the duty of care owed to the patient.
3.The below-standard of care caused injury to the patient.
The conduct of the health care provider must have actually caused the injury. If the health care provider failed to do X, but the injury to the patient had nothing whatsoever to do with the health care provider’s failure to do X, then the patient will not recover, even if an injury resulted.
4.The plaintiff suffered damages as a result.
The patient must have suffered some loss, be it economic (lost wages, medical expenses) or non-economic (physical pain and suffering).
The economic damages which may be recovered in a California Medical Negligence lawsuit include the cost of medical care, prescriptions and devices, lost wages, lost future earnings, and any other out of pocket expenses.
A California plaintiff may also recover up to $250,000.00 to compensate for general or non-economic damages, including pain and suffering.
WHAT TO DO:
If you or a family member has been injured by medical malpractice:
Contact an experienced attorney.
Medical malpractice claims can be difficult lawsuits, involving complicated issues of fault and proper medical standards, requiring expert testimony as to the proper standard of care in the community and as to whether the defendant lived up to that standard. Additionally, there are time deadlines that limit your ability to recover compensation for your injuries. Failing to obtain the proper legal representation can cost you thousands, if not hundreds of thousands of dollars.
Slaughter & Slaughter will strive to recover future medical bills, your past and future lost wages, and your lost earning capacity. In addition, Slaughter & Slaughter will seek recovery for your non-economic damages, such as daily physical pain and suffering, mental anguish, emotional distress, past and future physical impairment, loss of consortium, and permanent scarring and disfigurement.
If your family has experienced a wrongful death as the result of medical malpractice:
Contact an experienced attorney.
The Law Offices of
Slaughter & Slaughter
402 West Broadway,
San Diego CA 92101
At the San Diego Law Office Slaughter & Slaughter, we are medical malpractice attorneys that can help you recover compensation for injuries related to medical negligence and doctor malpractice. There is no reason to suffer alone. We can help you bring a claim and strive to get the compensation you and your family will need. Our compassionate medical malpractice lawyers want to see you achieve the best resolution possible.
We serve clients throughout Southern California, including Orange County, Los Angeles County, Riverside County, San Bernardino County, and the communities of La Jolla, Del Mar, Carlsbad, Oceanside, Vista, Encinitas, Escondido, Pacific Beach, San Diego, Los Angeles, Chula Vista, and surrounding areas.
Don’t delay, call today for more information and a free evaluation of your claim.
Call now for a FREE consultation 888-207-5321