Medical Malpractice San Diego
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).
Compensation Available
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
4370 La Jolla Village Dr. 4th
San Diego, CA.92122
858.909.9090
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.
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