One of the first places we turn when we are sick or injured is to a doctor or other medical provider. We trust them with our well-being, but sometimes they can fail to meet their standard of care. If a patient is injured as a result of negligence by their medical practitioner, they may need to seek help from a medical malpractice lawyer in Anaheim.
If you or a loved one has been injured due to a healthcare provider’s negligence, our experienced attorneys at Simmrin Law Group can help you recover the compensation you deserve. Turn to a skilled Anaheim personal injury attorney to investigate your medical malpractice claim and determine your best options for obtaining maximum recovery for your injuries and losses.
What Constitutes Medical Malpractice in Anaheim
There are over 900,000 healthcare professionals in California. All of them have been required to complete certain levels of education and training to become licensed. There are times, however, when medical providers are negligent or careless and cause injuries to their patients.
Medical malpractice happens when medical practitioners cause injury or harm to their patients as a result of inadequate care. When a doctor or other medical professional fails to conduct their duty of care in a manner that another capable medical provider would have, it can be considered malpractice. Medical malpractice is a specific form of negligence.
If you have been a victim of this type of negligence, you may be eligible to receive compensation for your injuries. It is important that you speak to our medical malpractice attorneys at Simmrin Law Group regarding your potential claim. We can review the circumstances of your damages and determine whether you could receive payment for your losses.
For a free legal consultation with a medical malpractice lawyer serving Anaheim, call (310) 896-2723
Causes of Medical Malpractice in Anaheim
The causes of medical errors can vary and include errors of commission, errors of omission, errors of communication, errors of context, and diagnostic errors. All of these errors could result in medical malpractice. Here are explanations of each of these causes:
- Errors of commission: This type of error occurs when a wrong action was performed on a patient, or a right procedure was performed incorrectly.
- Errors of omission: This error happens when a known procedure should have been done but was not performed at all.
- Errors of communication: This type of error is when a medical provider fails to advise or inform their patient or another medical practitioner about what precautions should be taken to prevent further injury or to warn them against risks that could worsen their condition.
- Errors of context: This error occurs when a healthcare professional fails to consider limitations a patient may have that could impact the success of their treatment.
- Diagnostic errors: These errors are the failure to establish a correct or timely explanation of a patient’s health problem or medical condition.
Any of these errors can lead to a patient being further injured or even dying as a result of their medical provider’s mistakes. If such an error occurs, the patient may be entitled to compensation for their injuries. The best chance you have of recovering damages for your losses is by contacting a medical malpractice attorney in Anaheim.
Anaheim Medical Malpractice Lawyer Near Me (310) 896-2723
Examples of Medical Malpractice in Anaheim
According to the Centers for Disease Control and Prevention (CDC), more individuals now die from medical mistakes than from the lack of access to medical treatment. There are many mistakes that can be made in the healthcare field. Common examples of medical malpractice include:
- Birth injuries
- Botched surgery
- Failure to diagnose a medical condition
- Incorrectly diagnosing a medical condition
- Failure to provide timely treatment
- Medication errors
- Failure to correctly treat a medical condition
- Failure to obtain the patient’s informed consent prior to treatment
If you or a loved one has been the victim of any of these examples of medical mistakes, you may qualify to file a claim against the provider for medical malpractice. Contacting an Anaheim medical malpractice attorney as soon as possible will give you the best chance at recovering your losses. Contact us as soon as possible after your injury so we can investigate your medical malpractice claim.
Who You Can File a Medical Malpractice Claim Against in Anaheim
There are several parties who may be liable for the injuries you have obtained as a result of medical malpractice. All healthcare professionals are responsible for the care they provide for their patients. The following are examples of the medical providers against whom you can make a claim:
Suing the Hospital
You can also make a claim against the organizations for which the medical professionals work, such as:
- Nursing homes
Note that this list is not exhaustive. If a medical practitioner is licensed in California, they are responsible for their actions and can be liable for medical malpractice. The best way to determine who may be accountable for your injuries is by contacting a medical malpractice attorney in Anaheim. Our skilled attorneys can help hold the parties at fault for your injuries responsible and take the first step toward recovering your losses.
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How to Prove Medical Malpractice in Anaheim
A medical malpractice claim can only be filed if your medical provider’s failure to use proper and reasonable care was the cause of your injuries. In California, there are four elements your Anaheim medical malpractice lawyer must prove. These four elements are:
Duty of Care
As an injured patient, you must show that you had a legitimate doctor-patient relationship. You must prove that your medical provider owed you a duty of care as their patient. A duty of care is your healthcare professional’s obligation to use reasonable care and avoid injury to their patients.
Breach of Duty
You must show that your healthcare professional breached their duty of care and violated their standard of care. A breach of duty happens when the medical provider acts carelessly or negligently and provides treatment lower than the standard of care requires.
You are required to show a connection between your provider’s negligent conduct and your injuries or other losses. Their breach of duty must have directly caused your damages.
You need to demonstrate that you suffered real damages as a result of your healthcare professional’s poor standard of care and breach of duty. These damages must be compensable and can include economic and non-economic losses.
If all four of these elements can be proven by a preponderance of the evidence, you may be entitled to compensation for your damages. Our skilled personal injury attorneys at Simmrin Law Group can investigate your claims and determine whether you may be eligible to file a medical malpractice claim.
How Long You Have to File a Medical Malpractice Claim in Anaheim
It is important that you contact a medical malpractice lawyer in Anaheim as soon as possible after you discover the injuries you have obtained as a result of your medical provider’s negligence or carelessness. In California, you have three years from the time the malpractice occurred or one year from the time you discover the damages the responsible parties caused to file a lawsuit against them for your losses. If you miss this deadline, you may be barred from filing a medical malpractice claim.
There are a couple of exceptions to the three-year statute of limitations in California. One of these exceptions is if the victim was younger than six years old at the time they were injured, in which case they must file suit by their eighth birthday. Also, if a foreign object was left inside your body, it does not matter when you discover its presence as long as you file suit within one year of that discovery.
Compensation You Could Receive for Your Medical Malpractice Claim
As a result of your medical malpractice claim, you may receive economic and non-economic damages. Economic damages are material. Non-economic damages are not material, meaning they do not have monetary value.
Your economic damages may include the following losses:
- Current and future medical expenses
- Lost wages and lost future earnings
- Physical and occupational therapy
- Home health costs
- Out-of-pocket expenses
Your non-economic damages can include:
- Pain and suffering
- Emotional trauma
- Permanent disfigurement
Is There a Cap on Damages in CA?
In California, there is no cap on the amount of economic damages you receive as a result of your medical malpractice claim. However, your non-economic damages are limited to $250,000. It may also be possible to receive punitive damages, which are awarded to medical malpractice victims in cases where it can be proven that the liable party acted intentionally and with a conscious disregard for your safety.
Getting Help from a Medical Malpractice Lawyer in Anaheim
Proving medical malpractice in California is difficult. It is important that you have a skilled medical malpractice attorney in Anaheim to fight for you against well-known medical professionals and their insurance companies. Our personal injury team at Simmrin Law Group is prepared to review your medical records, evaluate your claim, determine your losses, and do what it takes to get you the justice you deserve.
Needing to undergo a medical procedure is stressful enough on its own. If leaving your care in a medical provider’s hands has also left you injured due to their negligence, do not wait any longer. Contact Simmrin Law Group today for a free consultation with one of our skilled lawyers. Our experienced medical malpractice attorneys will get to work on your claim and help fight for the compensation you deserve for your losses.