You should be able to trust your healthcare providers. When you are diagnosed with a medical condition, given a treatment plan, or evaluated by a medical professional, you should be able to feel confident in their efforts to protect your health and well-being. Unfortunately, like any other industry, healthcare providers make mistakes.
Unlike other work environments, there is no room for error in healthcare. If your doctor, nurse, hospital, or other healthcare provider made a medical mistake or error that resulted in severe physical injury, illness, or death, you may have the right to take legal action by pursuing a medical malpractice claim. An experienced West Covina medical malpractice lawyer at The Simmrin Law Group can help you through these complex legal matters.
You may need a dedicated West Covina personal injury attorney by your side to show your medical team and healthcare facility how seriously you are taking your case. Contact our office for a free consultation today to learn more about how to pursue compensation through a medical malpractice lawsuit, how much your case could be worth, and who is ultimately at fault for your suffering.
Grounds for a Medical Malpractice Claim
Did you know that healthcare providers are held to a higher standard when it comes to the duty of care? In traditional personal injury claims, the elements of negligence must be met. The plaintiff must prove the defendant owed the victim a duty of care and breached that duty of care.
However, in medical malpractice lawsuits, your medical malpractice lawyer in West Covina, CA, must show that the healthcare provider or facility in question made a mistake or error that another facility or provider would not have made.
If another provider of similar levels of job training, experience, and knowledge would not have made the same decision as the healthcare provider in your case, the standard of care may have been breached. This means the caregiver in your case can be held accountable through a medical malpractice lawsuit for serious injury or wrongful death.
Common Types of Medical Malpractice in West Covina
Medical malpractice can include nearly any type of mistake or medical error. However, there are some types of mistakes that warrant lawsuits and medical malpractice claims more often than others. These include:
Birth Injuries
Birth injuries can include both injuries to infants and maternal birth injuries. Some of the most common types of birth injuries you can sue for include:
- Shoulder dystocia
- Uterine prolapse
- Erb’s palsy
- Cerebral palsy
- Birth asphyxia
- Cephalohematoma
- Caput succedaneum
- Injuries caused by forceps
- Facial paralysis
- Subconjunctival hemorrhage
- Uterine rupture
- Vaginal tearing
Misdiagnosis
Misdiagnosis can happen in nearly any type of healthcare setting. Generally, primary care physicians and internal medicine doctors are the only ones allowed to give formal medical diagnoses. However, that does not mean that they always get it right.
Suppose your physician’s assistant, nurse, doctor, surgeon, or any other healthcare provider misdiagnoses your medical condition, and you wind up suffering a severe injury or illness. In that case, you may have the right to take legal action against them via a medical malpractice claim.
Anesthesia Mistakes
Anesthesia mistakes can be fatal. If your anesthesiologist made any of the following medical errors, you have the right to demand justice:
- Anesthesia dosage errors
- Failure to recognize anesthesia allergies
- Failure to monitor the patient
- Defective anesthesia equipment
- Failure to intubate a patient properly
- Delayed anesthesia delivery
- Being kept under sedation for too long
- Choosing the wrong type of anesthesia medications
- The patient becoming aware or waking up while under anesthesia
- Failure to recognize anesthesia complications
Surgical Errors
Surgical teams should never make mistakes. Unfortunately, when they do, these mistakes can cost patients their lives. Some of the most common types of surgical errors include:
- Leaving foreign objects in body cavities
- Operating on the wrong patient
- Mistakes made during specific surgical procedures
- Damaging nerves
- Operating on the wrong body part
- Performing surgery while drowsy
- Performing surgery while drunk or under the influence of drugs
- Performing unnecessary surgery
- Making accidental incisions
- Lack of surgical competence
Statute of Limitations for West Covina Medical Malpractice Claims
If you are interested in moving forward with a medical malpractice lawsuit, it is important to do so in a timely manner. California has a strict statute of limitations in place for medical malpractice claims. According to California Code of Civil Procedure Section 340.5, victims will have a maximum of three years to file the claim.
Generally, the three-year expiration date will expire three years from the date you were injured or became ill. However, if you did not discover your injury or illness until much later, the statute of limitations will be temporarily paused until the discovery date, at which point the statute of limitations will run out one year later. If you hope to avoid issues with the statute of limitations preventing you from recovering the compensation you deserve, make sure you have your medical malpractice lawyer get started on your case as soon as possible.
How Much Your Medical Malpractice Claim Could Be Worth
Your West Covina medical malpractice attorney will carefully evaluate every single way your life has been impacted by your injuries and the incident itself to determine how much your claim is worth.
Economic Damages
Economic damages are monetary. Some examples could include:
- Loss of income
- Medical expenses
- Future medical treatment
- Diminished earning capacity
Non-Economic Damages
Non-economic damages or subjective in value. Some examples include:
- Lost quality of life
- Pain and suffering
- Mental anguish
- Loss of consortium
Damage Caps on Medical Malpractice Claim Payouts
At the beginning of January 2023, the prior $250,000 cap on medical malpractice claim payouts for non-economic damages was increased to $350,000. Over the following ten years, through January 2033, the cap will continue to increase to $750,000.
In fatal medical malpractice cases, the cap on non-economic damages is $500,000 as of 2023 and will increase to $1 million over the following ten years.
Reach Out to a Medical Malpractice Attorney in West Covina, CA, for Help Today
Medical mistakes are unacceptable. Your healthcare provider is held to a higher standard of care. When they fail to uphold this duty, they can be held accountable for their reckless or negligent conduct.
Although you may feel intimidated at the thought of pursuing a medical malpractice claim, it may be necessary if you hope to recover the financial compensation that is rightfully yours. Speak with a dedicated West Covina medical malpractice lawyer at The Simmrin Law Group today to explore your legal options further. You can reach us through our convenient contact form or by phone to get started on your medical malpractice insurance claims and lawsuits as soon as today.