Despite the long years of school and training that doctors and other medical professionals go through, they can still make mistakes. Medical errors remain a leading cause of injury and death, even with rigorous education and training. This type of claim can be complex, but a medical malpractice lawyer in Burbank can help.
If you or a loved one has been the victim of medical malpractice, you can speak with a Burbank personal injury lawyer to discuss your legal options for compensation. We will listen to your story and help you build the strongest case possible to secure the justice you deserve.
Statistics of Medical Malpractice
According to the National Practitioner Data Bank (NPDB), California had 98,430 adverse action reports filed against a medical professional and 55,108 medical malpractice payment reports from 2019-2023.
The United States had 1,062,729 adverse action reports for all states combined during this same period. There were 499,992 medical malpractice payment reports for the country.
Examples of Medical Practice
There are various forms of medical malpractice. They can range from surgical errors to misdiagnoses or dangerous medication errors. Some common examples of potential malpractice include:
- Failure to diagnose cancer or other serious illnesses in a timely manner
- Surgical errors like operating on the wrong body part or improper use of forceps during childbirth
- Birth injuries to mother or child or not monitoring fetal distress
- Prescribing the wrong medicine or incorrect dosage
- Not ordering appropriate tests or scans to get an accurate diagnosis
- Misreading lab results, scans, or medical recordings that leads to the wrong treatment
- Discharging a patient too early who requires further medical care
Statutes of Limitations for Suing a Medical Professional or Facility
In California, there is a strict one-year deadline to file the lawsuit from the date the injury occurred. However, there is also an important “discovery” provision where cases can alternatively be filed within three years from when the injured party discovered or reasonably should have discovered the injury. This addresses situations where the malpractice was not immediately evident.
For minor victims, the statutes of limitations are extended even further to their 8th birthday. When you work with a Burbank medical malpractice lawyer, they can help you determine the optimal filing window, taking into account the standard one-year limit but also factoring in discovery provisions and exceptions for children.
Careful evaluation of the case facts is needed to file within the appropriate statute of limitations and preserve the right to pursue compensation.
How to Prove Your Medical Malpractice Case
To prove a medical malpractice case, you will need to show that the healthcare provider failed to meet the accepted standard of care. Your documentation should show negligence directly caused by harm or injury. Some important parts of strengthening your case are:
Establishing a Doctor-Patient Relationship
This shows that the provider owed a duty of care to you. Records of treatment, bills, and other documents can demonstrate the relationship.
Identifying the Standard of Care
Expert testimony is used to establish the normal, accepted procedures, testing, diagnosis, and treatment that should have been provided under the circumstances.
Proving Negligence Through Breach of Care
Having records, expert opinions, and other evidence can show the patient did not receive the standard of care, such as errors in surgery, missed diagnoses, and lack of monitoring.
Demonstrating Injury and Damages
You will need records that clearly link the breach of care to the patient’s injury or deterioration with causation. Quantifiable damages like medical bills, lost wages, and disability are calculated.
Addressing Possible Defenses
The defendant may claim the statute of limitations expired, there was shared fault, or there were pre-existing health factors. Make sure you have a good argument to support your claim ahead of time.
Damages for Medical Malpractice Claims
When you file a medical malpractice lawsuit, there are different categories of monetary compensation, known as damages, that you may seek:
Economic Damages
This would fall under financial losses because of the malpractice. Some examples include medical bills, lost wages if unable to work, loss of future earning capacity, and other healthcare and rehabilitation costs.
Non-Economic Damages
Non-financial losses include physical and emotional suffering caused by the malpractice. Pain, loss of enjoyment of life, loss of consortium, and disability or disfigurement fall into this category.
Punitive Damages
If negligence was especially egregious, punitive damages may be awarded as punishment. Gross negligence, recklessness, or intentional misconduct typically justify these additional damages.
Wrongful Death
In fatal malpractice cases, certain family members can claim damages like funeral expenses, loss of financial support, and loss of companionship.
Economic damages make up the majority of most malpractice verdicts and settlements. Documenting these out-of-pocket losses in detail strengthens the case. While harder to quantify, non-economic and punitive damages often greatly increase the overall value.
A medical malpractice attorney in Burbank can help pursue fair compensation.
Deciding Whether to Accept a Settlement
If presented with a settlement offer, there are several factors to weigh when determining whether accepting it is the right move:
- Is it within the expected range? Your Burbank medical malpractice attorney can provide guidance on typical settlements and verdicts for cases like yours based on liability, damages, and other circumstances. If the offer seems inadequate, you may hold more leverage proceeding to trial.
- Are the economic damages covered? At a minimum, the offer should fully cover quantifiable out-of-pocket expenses incurred because of the malpractice.
- Does it account for hard-to-quantify damages? Things like pain and suffering can increase the value, so the total offer amount should reflect them appropriately.
- Are you ready for trial? Going to trial can mean additional months or years of litigation. If you want to move on sooner, settlement may be preferable.
- How strong is the evidence? If significant questions remain over liability or damages, the certainty of settlement may appear more attractive.
- Can you negotiate improvements? You may be able to ask for a higher amount or better-structured payout terms during negotiations.
We Are Ready to Help You Fight for Your Rights
Dealing with medical errors and negligence can be an extremely difficult and emotional process. No amount of money can ever make up for the pain and suffering you have endured. However, holding providers accountable and receiving fair compensation for your losses is crucial.
When you are ready to learn more, it is time to meet with a qualified Burbank medical malpractice lawyer from Simmrin Law Group. Do not hesitate to contact us for a free consultation today.