We trust doctors and medical professionals with our health, our welfare, and our lives. However, doctors who acted negligently or recklessly when practicing can harm their patients. The Institute of Medicine (IOM) reported that 98,000 medical malpractice-related deaths were reported in 2009.
The injuries suffered by patients when doctors and other hospital staff are negligent are often life-altering and severe. One medical mistake can create a major impact on the patient’s life and the lives of their loved ones. When you are injured through the negligence of a medical professional, it is important that you seek a qualified and experienced lawyer, one that will have your best interest in mind.
Los Angeles Lawyer for Medical Malpractice in California
A 2017 survey on medical malpractice by the Institute for Healthcare Improvement (IHI) found that 41 percent of people in the United States have experienced a medical error with their physician. A person should never be in jeopardy by their health care professionals. If you’ve been injured due to medical malpractice, it is in your best interest to contact a personal injury attorney today.
Humans make mistakes, but there is no excuse for negligent and careless behavior with the medical profession. Do not suffer silently. The attorneys at Yarian & Associates, APC are experienced in medical malpractice litigation. Our attorneys have been able to procure millions of dollars in settlements for our clients. Yarian & Associates, APC helps clients throughout the greater Los Angeles County and Tulare County area including Visalia, Riverside, Los Angeles, Glendale, Irvine, Fresno, and Pasadena.
Call (844) 291-1911 or schedule an online appointment today for an experienced Los Angeles medical malpractice attorney.
Overview for Californian Medical Malpractice
How Do I Sue for Medical Malpractice?
Medical Malpractice, defined under the U.S. National Library of Medicine, is any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community. The medical error must also result in injury to the patient.
To receive compensation for medical malpractice, you must file a claim. It is best that you hire an attorney to assist you in filing your claim, as it must fulfill certain requirements. General principals and board categories of rules apply to most medical malpractice cases; however, exceptions do occur.
You medical malpractice claim should include some of the following:
- A Doctor-and-Patient Relationship Existed – A physician-patient relationship must be proven for a claim to be filed. It is quite easy to prove that your doctor was seeing you through medical records. The medical professional may try to use the defense that they released you before the injury occurred.
- The Doctor was Negligent – To file a claim, you must justify that your health care professional was negligent. A doctor is allowed to make mistakes. However, if a doctor is not upholding a standard of care and is acting recklessly then it is considered medical malpractice.
- Medical Malpractice Led to Injury – The plaintiff must have suffered an injury or harm by the medical error to file a claim. A person can file a claim for physical pain, mental anguish, additional medical bills, and lost work or earning capacity.
Types of Medical Malpractice
Malpractice can happen in a variety of medical fields. Compensation for medical malpractice cases vary based on the circumstances of the error. It is important that you gather as much information possible about your condition and the doctor’s medical error. Some types of medical malpractice include the following.
The term birth injury deals with medical negligence during pregnancy and the childbirth process. A lot of issues can occur in a pregnancy if the physicians are negligent, and can result in injury to both mother and child.
A few examples of medical malpractice during pregnancy and childbirth include:
- Placental abnormalities
- Excessively long labor that causes injury
- Cerebral palsy or Erb’s palsy in the child from injury during childbirth
- Hemorrhage of the mother during pregnancy or labor
- Surgical negligence during a Caesarian section
- Premature babies
- Shoulder dystocia or other nerve injury of the baby during labor
- Negligence in administering anesthesia during labor or a Caesarian section
Prescription Drug Errors
Medication errors can result in severe injury, worsen your condition, or create other health issues. A prescription drug error happens when a health care professional is negligent when administering medication.
A medication error can be caused by a physician prescribing the wrong medication, the wrong dosage, or does not thoroughly inform the patient about the prescription. A nurse, physician, physician’s assistant, or pharmacist can be held liable for a prescription error.
If a surgeon or anesthesiologist recklessly makes a medical error, the after effects can be devastating. Some common surgical errors include failing to control bleeding, damaging a muscle or nerve, puncturing an organ or blood vessel, operating on the wrong body part, or leaving a foreign body behind.
An anesthesia-related negligence can result in brain injury or even death. Normally, an anesthesia-administered medical error has to deal with the patient getting too much or too little of anesthesia. An anesthesiologist has other jobs in conjunction with administering anesthesia. Anesthesiologists are also in charge of moving the patient during surgery to avoid complication. If an anesthesiologist negligently fails to do this, the patient may again suffer from complications.
John Hopkins School of Medicine released a report in 2017 stating that misdiagnosis was the third highest reported case of medical malpractice. The International Health Institute’s data reveals that 1 in 5 people have been subject to some sort of misdiagnosis.
A misdiagnosis can lead to being prescribed unnecessary or harmful treatments. It can also result large medical costs, missed opportunities, and serious harm or death. A doctor is being medically unethical if he or she ignores obvious symptoms and does not inform their patients of their condition.
A few conditions that are commonly misdiagnosed include:
- Lung Cancer
- Brain Tumors
- Pulmonary Embolism
- Cerebral Palsy
- Colon Cancer
- Pregnancy-Related Conditions
- Prostate Cancer
- Breast Cancer
- Stroke/Heart Attack
- Testicular Cancer
How Long Do You Have to Sue for Medical Malpractice?
A “statute of limitations” is defined by Cornell Law School as a law that bars claims after a certain period of time pass after an injury. In other words, the statute of limitations is the time limit you have to file a claim after an injury.
Every personal injury claim has a statute of limitations, including medical malpractice. The California Code of Civil Procedure sec. 340.5 states that a medical malpractice claim must be filed within one to three years after the date of injury. This means that your statute of limitations begins after you are aware of your injury.
An exception to this statute of limitations is in regard to foreign objects left in surgery. If a foreign body is left inside the patient after surgery, there is no statute of limitations. You must file the claim within one year after you discover the object, but you do not have to bring it to court in any amount of time.
Damages in Doctor and Hospital Malpractice Cases
The most common type of damage award in medical malpractice lawsuits is “compensatory damages.” This is money paid for actual injury or loss. Some examples include:
- Medical and hospital bills
- Rehabilitation expenses
- Costs of physical therapy
- Ambulance expenses
- Prescription drugs
- Nursing home care
- Domestic services
- Medical equipment
- Lost employment income
- Increased living expenses
- Loss of future income
Future losses are more difficult to assess, and often require the assistance of both medical and economic experts.
You may also be able to recover damages for:
- Physical pain and suffering
- Mental and emotional suffering
- Loss of enjoyment of life
- “Loss of consortium” (the loss of company/love/relations with your spouse)
Our Medical Malpractice Practice
The attorneys at Yarian & Associates, APC are experienced in medical malpractice. We have handled many medical error cases with promising results. The following are some of our practice area with medical negligence.
- Birth injuries
- Surgical errors
- Delayed diagnosis
- Wrongful death
- Prescription Drug Errors
- Cerebral Palsy
- Erb’s Palsy
- Anesthesia Errors
- Not meeting standards of care
Introduction to Medical Malpractice in the United States – Visit the U.S. National Library of Medicine & National Institutes of Health website and read an article written by B. Sonny Bal M.D. Read Bal’s point of view on the growing epidemic of medical malpractice in the United States. See types of medical malpractice, famous medical malpractice cases, and medical malpractice law in the United States.
Institute for Healthcare Improvement – Visit the website of the Institute for Healthcare Improvement (IHI), a nonprofit organization that is committed to redesigning health care into a system without errors, waste, delay, and unsustainable costs. See medical malpractice stories and how IHI is planning to improve medical care.
Frequently Asked Questions on Ethics – Visit the American Medical Association (AMA) and read their frequently asked questions on ethics. See what the AMA considers the medical code of conduct, their policy or position on medical malpractice, and other ethics-related questions.
An Experienced Hospital Malpractice Attorney Can Help
Our firm has helped many medical malpractice victims obtain financial compensation for their injuries. If you or someone you love has suffered a serious injury as the result of the negligence of a doctor, hospital, nurse or other medical professional or facility, call Yarian & Associates, APC today for a free consultation.
Our attorneys have over two decades of experience in personal injury law. Attorney Levik Yarin has been able to secure millions of dollars in settlements for our clients. Make the decision to side with a firm that puts your recovery first and foremost. Yarian & Associates, APC files claims for clients throughout the greater Los Angeles-Glendale area including surrounding communities including Visalia, Glendale, Long Beach, Fresno, Los Angeles, Irvine, Riverside, Fresno, and San Bernardino.
Yarian & Associates, APC is prepared to evaluate and file a claim for medical malpractice for any of the following medical facilities:
- Marina Del Ray Hospital
- Los Angeles County General Hospital
- Antelope Valley Hospital
- Cliffside Malibu Hospital
- Francis Medical Center
- Saint John’s Health Center
- Mary Medical Center
- Garfield Medical Center
- Community Medical Center Long Beach
- UCLA Medical Center
- Martin Luther King Jr. Community Hospital
- Huntington Hospital
- Providence Saint Joseph Medical Center
Put you and your health first. Call (844) 291-1911 or submit an online contact form for a no-obligation consultation with an attorney today.
This article was last updated on June 19th, 2018.