Medical malpractice is a highly specialized area of law that makes many unique demands on its practitioners. If you suffered injuries while undergoing surgery or any form of medical treatment, then you should reach out to a Thousand Oaks personal injury lawyer today.
Doctors, nurses, and other medical professionals are not infallible, but the mistakes these individuals make can cause long-term pain and suffering. Victims of medical malpractice often suffer from post-traumatic stress disorder. You have the right to seek financial compensation for the injuries you suffered due to the malpractice of a medical professional, but you must prove a doctor-patient relationship if you sue.
The Most Common Types of Medical Malpractice Cases in Thousand Oaks, California
Medical schools and residency programs prepare physicians for long periods of time before they receive their medical licenses. However, sometimes medical malpractice occurs due to administrative mistakes or other problems unrelated to the skill or knowledge of the doctor. The following are some of the most common forms of medical malpractice which occur in California:
- Birth injuries
- Care facility errors
- Failure to monitor a patient’s anesthesia
- Failure to order necessary medical tests
- Misreading laboratory results
- Not providing follow-up medical care
- Prescribing the wrong medication
- Not providing medical treatment in a timely manner
- Delaying a medical diagnosis
- Surgical errors
- Failing to diagnose a serious illness or disease
Medical malpractice cases can arise under many different circumstances. Even if you believe you do not have a medical malpractice case, you should speak to a medical malpractice attorney in Thousand Oaks to determine if you can seek financial compensation for your injuries. The more information you have about this area of law, the better decisions you will make for yourself and your family members.
The Statute of Limitations in Medical Malpractice Cases
The statute of limitations is a time period during which an injured party must bring a civil lawsuit, or they may lose their right to seek monetary compensation for their injuries. In California, the statute of limitations for medical malpractice cases is generally three years from the date of the injury. In some cases, the statute of limitations period may be one year from the date the injured victim knows or should have known about the injury.
It is essential that you seek out a Thousand Oaks medical malpractice lawyer as soon as possible after suffering any type of injury due to the malpractice of a medical professional. If you wait too long to seek medical treatment or to file a legal claim, then the insurance company may claim that you were not injured because you delayed seeking treatment for your injuries. Once you establish the statute of limitations deadline for your legal claims, you can ensure you will not miss the filing date.
Cases Which Qualify as Medical Malpractice Cases in California
To establish that a case qualifies under medical malpractice laws in California, the following requirements must be established:
- The patient suffered a medical injury because of the physician
- The physician did not satisfy the standard of care
- A physician-patient relationship existed
You must prove that a physician’s act caused a negative result or lowered the probability that you would have received a more positive outcome. Also, medical specialists are held to a national standard of care, but general practitioners are held to a community standard of care. Lastly, you must establish that you consented to the doctor treating you and that the doctor, in turn, agreed to provide medical treatment to you.
The Parties Which May Be Liable in Medical Malpractice Cases
Medical malpractice cases may involve many different defendants. Sometimes a hospital and a doctor will have specific employment arrangements that affect how liability may be established. The following are the most common parties named as defendants in medical malpractice cases:
- Emergency department doctors
- Physicians you consulted regarding your medical care
- Physicians who performed medical tests and medical screenings
- Treating physicians
The state of California adopts comparative negligence principles. If you were at fault for your injuries, then your financial compensation may be reduced in accordance with the percentage of fault the court assigns to your own conduct. If you are found to be 20% liable for your own injuries, then your overall financial award will be reduced by 20% to account for your own negligent conduct.
The Types of Damages Victims May Seek in Medical Malpractice Cases
Victims may claim general damages and special damages in medical malpractice cases. Typically, general damages concern losses such as emotional distress, loss of enjoyment of life, and pain and suffering. Special damages are those losses that are more quantifiable and include lost earnings, property damage, and medical expenses.
Punitive damages may often be claimed in medical malpractice cases if the defendant engaged in conduct that was wanton, willful, or malicious. These damages are designed to punish the defendant and to deter the defendant from committing the same conduct in the future. In medical malpractice cases, punitive damages are often awarded if a patient suffers a long-term disability due to the negligence of the medical professional.
Estimating the Economic Value of a Medical Malpractice Case
It is impossible to estimate the economic value of any medical malpractice case. Every civil lawsuit is unique because no two cases contain the same exact set of facts. Therefore, it is essential that you not judge your own case based on the outcomes of other medical malpractice cases.
Numerous factors can affect whether a civil lawsuit settles or goes to trial. The majority of all civil lawsuits settle before trial, but this does not guarantee that your case will not go to trial. It is beneficial to have a Thousand Oaks medical malpractice attorney on your side who can prepare for trial if this becomes necessary at a later point in the case.
The Simmrin Law Group Can Help You with Your Medical Malpractice Case
It can be difficult to know what to do when you suffer injuries at the hands of a medical professional. If you want to learn more about seeking financial compensation for your injuries, then contact us today to learn more about the legal options available to you. We have the experience, knowledge, and skills necessary to provide you with exceptional legal representation.
We help clients in Thousand Oaks and throughout the greater Los Angeles area. Do not wait too long to seek legal representation after you suffer injuries due to the negligence of a doctor. Reach out to a medical malpractice lawyer in Thousand Oaks today so we can help you enforce your legal rights and help you recover the compensation you deserve.