Medical Malpractice Lawyer in San Diego
If you believe that you or someone you love has been harmed by a medical mistake or negligence, you should contact an attorney who knows the system and can help you pursue compensation for your damages. To schedule a free case review with a qualified medical malpractice lawyer in San Diego, please contact us today.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, through an act of commission or omission, fails to provide the accepted standard of care and thereby harms a patient. Under California law, the claimant must prove that:
- A health care provider failed to properly care for the patient
- The patient was harmed by the health care provider
A healthcare provider may be a doctor, dentist, a nurse, a therapist, a pharmacist, or an institution such as a hospital or clinic, among others.
Depending upon when the patient was injured, the statute of limitations in California for filing a medical malpractice suit is 1 to 3 years. The number of reasons for suing a health care practitioner is almost limitless.
Injuries Caused by Medical Negligence
Many malpractice cases are brought by persons who claim their healthcare provider failed to diagnose their problem. This would also result in a failure to treat the problem. Medication errors are another common mistake made by health care practitioners.
Mistakes made during surgery also account for many medical malpractice lawsuits.
Surgical errors include:
- Anesthesia mistakes
- Infection caused by improper care
- Instruments left inside the patient
- Accidental cutting of tissues or organs near the surgical site
- Surgical skill beyond the capability of the surgeon
In a November 2007 issue of the Annals of Surgery, an article reported on the most common patterns of technical errors in surgery. The summary of the article said that the "majority of surgical adverse events involve technical errors."
The writers analyzed 444 randomly chosen malpractice claims from four liability insurers. They found that "among 258 claims in which injuries due to error were detected, 52 percent involved technical errors." Two-thirds of the technical errors were caused by manual error, 9 percent were caused by errors in judgment, and 26 percent were caused by both manual and judgment errors.
Injuries Caused by Medical Malpractice
In the worst case scenario, medical negligence results in the patient's death. The kinds of other injuries that can be caused by negligence are practically limitless. They include:
- Hospital-caused infections: The rise of "super bugs," resistant to treatment makes this problem more serious, especially in already compromised patients.
- When there is failure to diagnose disease such as cancer, intestinal problems, heart, lung and brain problems, diabetes, and problems related to endocrinology, the blood vessels, skin diseases, the nerves, bones, muscles, and hundreds of other diseases and conditions then there can be delays in treatment. This can make the difference between life and death.
Contact a Medical Malpractice Lawyer in San Diego
If you or someone you love has been harmed by medical malpractice, get in touch with a San Diego medical malpractice attorney as soon as possible. Your attorney can help you figure out exactly what happened and why and can help you receive compensation for the negligence of a healthcare provider or the failures of an institution.
To schedule your free case review with a qualified medical malpractice attorney in San Diego, please contact us today.