Uncovering the Truth Behind Negligence in Healthcare
In times of vulnerability, we put our full trust in our medical professionals. But when the negligence of your nurse or doctor leads to physical, financial, and emotional consequences, who do you turn to? If you have become a victim of medical errors, malpractice laws exist to protect your rights to claim compensation for the injuries you have sustained. However, medical malpractice cases are generally complex, and you need our Los Angeles medical malpractice lawyers to help you navigate the process.
Quick Summary:
- Medical malpractice occurs when healthcare providers deviate from accepted standards of care, leading to patient injuries or harm.
- Medical malpractice can take various forms, including misdiagnosis, hospital negligence, surgical errors, medication errors, and more. If you’ve experienced any of these, you may have grounds for a malpractice lawsuit.
- Negligence can result from diagnostic or treatment errors, mismanagement of illnesses, or breaches of doctor-patient confidentiality.
- If you’ve suffered physical, financial, or emotional consequences due to medical negligence, California’s malpractice laws protect your rights to claim compensation for injuries.
- Proving medical malpractice cases can be extremely complex. It requires showing that the healthcare provider deviated from the standard of care, which necessitates a deep understanding of both medical and legal principles.
Haffner Law is well-positioned to fight for you in a medical malpractice case. Through personal attention, extensive legal experience, and aggressive representation, we help you obtain the compensation you need and deserve. Contact our California medical malpractice attorneys now to schedule a free case review and take the first step toward seeking justice and healing.
If you believe you or a loved one has been a victim of medical malpractice, schedule a free case review with us today or get in touch online by completing our contact form.
What is Medical Malpractice?
When a person visits a doctor or any health care provider, they expect them to perform their duties in a manner consistent with accepted standards. They have an ethical and legal obligation to give every patient responsible and safe treatment and attention. When providers deviate from the standard of care and patients suffer injury, there may be grounds to bring a medical malpractice lawsuit.
Medical malpractice occurs as a result of a negligent act or omission by a healthcare provider: a doctor, nurse, therapist, hospital, or other individual or entity licensed to provide medical care. Negligence may include diagnostic or treatment errors, mistakes in illness management, and a breach of doctor-patient confidentiality that may have resulted in a patient’s injury, physical or mental impairment, or death.
When Does Medical Malpractice Occur?
Medical malpractice arises when healthcare providers fail to meet the established standard of care while providing medical treatment or services. You may be a victim of negligence by a healthcare provider if you have encountered any of the following:
Hospital Negligence
Hospital negligence refers to situations where a hospital fails to uphold its duty of care, leading to injuries, complications, or adverse outcomes for patients. This negligence can take various forms such as:
- Early release
- Providing treatment to the wrong patient
- Unnecessary treatment
- Medication errors
- Failing to monitor a patient
Misdiagnosis or Failure to Diagnose
If a healthcare provider fails to accurately diagnose a medical condition, diagnoses the wrong condition, or significantly delays a correct diagnosis, it can lead to incorrect treatment or a missed opportunity for timely intervention. This sometimes happens due to poor communication between the patient and the doctor or simply because the doctor does not take the time to listen to a patient’s symptoms.
Failure to diagnose a highly treatable condition such as gestational diabetes, early-stage cancer, heart attack, and stroke leads to many deaths that could have been prevented if medical staff had intervened sooner.
Emergency Room Malpractice
Emergency room malpractice refers to cases where medical negligence or substandard care occurs in an emergency department, leading to harm, injury, or worsening medical conditions for patients in need of immediate medical attention.
Surgical Errors
Surgeons and their teams must adhere to strict protocols during surgeries. Surgical errors can include the following:
- Performing the wrong procedure
- Operating on the wrong body part
- Leaving surgical instruments or foreign objects inside the patient
- Making mistakes during the surgery that cause harm
- Failing to provide post-operative care to patients
Nursing Errors
A nursing error refers to a mistake or oversight made by a registered nurse during their duties in patient care. These errors can occur in various healthcare settings, including hospitals, clinics, nursing homes, and home healthcare. Nursing errors can encompass a wide range of actions or omissions, and they can have varying degrees of impact on patient safety and well-being.
Medication Errors and Pharmacy Misfills
Medication should be double, triple, and quadruple-checked before being given to patients; however, this is rarely the case. Medication mistakes can occur at various stages, from prescribing the wrong medication or dosage to administering medication incorrectly. Such errors can lead to adverse reactions, overdoses, or even death.
Defective Medical Devices
Medical devices are essential tools aiding in the diagnosis, treatment, and management of various medical conditions. However, there are instances where these devices can turn into potential hazards due to defects, design flaws, or manufacturing issues. Defective medical devices pose significant risks to patients, potentially leading to injuries, complications, or even fatalities.
Elder Malpractice
Elder malpractice involves the mistreatment, neglect, or harm of elderly individuals, particularly those who are receiving care from healthcare providers. To address elder malpractice, many jurisdictions have laws and regulations in place to protect the rights and well-being of older adults.
Nursing Home Abuse and Neglect
Nursing home abuse and neglect refer to harmful actions or omissions that occur in long-term care facilities, such as nursing homes or assisted living facilities, and involve the mistreatment or inadequate care of residents, particularly older adults. Residents, their families, and facility staff should be vigilant in recognizing signs of abuse or neglect.
Unprofessional Conduct
Unprofessional conduct in medical malpractice refers to actions, behaviors, or practices by healthcare professionals that are considered unethical or below the accepted standards of care and conduct within the medical field. Such conduct can lead to legal consequences and may be a contributing factor in medical malpractice cases.
The negligent claims in a medical malpractice case are not limited to the examples stated above. If you think you have been on the receiving end of services that are “below the expected standard of care,” speak with our Los Angeles medical malpractice attorneys as soon as you can.
Medical Malpractice Cases are Especially Complex
As noted earlier, medical malpractice cases involve various legal complexities. Such lawsuits are some of the hardest to navigate through the court system. To recover compensation, the plaintiff must be able to prove that:
- The doctor-patient relationship between the plaintiff and the defendant exists. Medical records can be used to prove this;
- The defendant was negligent due to their failure to provide the same level of care that another doctor (to put it plainly, a competent doctor), would have provided in such a situation; and
- The doctor’s negligence directly caused the patient’s injuries.
- The challenge in medical malpractice lawsuits is the necessity to prove the three elements by “a preponderance of evidence.” Meaning, that the jury is convinced that the facts you presented, more likely than not, are true.
Other factors that make it difficult to prove medical malpractice include:
Complex Evidence
The complex nature of the evidence is one of the primary reasons that make medical malpractice lawsuits distinctly difficult. As the evidence presented is incredibly complex, victims without a medical background may have a hard time presenting theirs. It’s also possible that the jury may misinterpret some of the evidence, and as a result of misunderstanding, support the defendant.
Proving the Direct Link Between the Injuries and Negligence
The plaintiff must be able to prove that the injuries they sustained were caused solely by the defendant’s negligence. Most likely, the defense will present other factors (such as the victim’s lifestyle or genetics) that may have contributed to the condition. This argument can make it challenging to create a link between the plaintiff’s injuries and the doctor’s negligence.
Medical Malpractice Cases Require Expert Testimony
Medical malpractice lawsuits require testimony from other doctors to prove liability and damages. They review the patient’s medical records, procedures, and treatments to determine if the provider’s actions or decisions deviate from what is considered acceptable in the medical community.
Our Los Angeles medical malpractice attorneys also often rely on witnesses to simplify the evidence in a way that is clear and understandable to the jurors. But, it can be difficult to find a witness who will be willing to testify against a fellow healthcare provider.
Haffner Law can help you find doctors who are willing to speak out against malpractice. A credible witness can successfully show, on your behalf, how the defendant was unable to meet the standard of care in your case.
Have You Experienced Rejection from Other Lawyers?
The expenses associated with a medical malpractice case are much higher than those incurred in other types of cases. Usually, attorneys pay for the expenses that arise in the course of winning the case. When the case is won, they ask their clients for a reimbursement using the compensation the plaintiff has been awarded. This is part of the reason many lawyers in California refuse to handle medical malpractice cases.
The state laws dictate that an attorney’s fee for services may not exceed certain amounts. The caps on recoveries, non-economic damages, and attorney fees also mean that lawyers who want to represent clients involved in medical malpractice will face laws that limit the recovery of compensation. For example:
There is a cap for the recovery from pain and suffering damages, regardless of the severity of the injury or whether the patient experiences debilitating pain daily. There are limits on the contingency fees, but there are no limits on the fees defense lawyers may charge. Forced arbitration occurs in many cases, which denies the right to a jury. The economic benefit of any jury verdict is reduced if it goes beyond $50,000.
Haffner Law’s focus is to win your case. We have the resources to cover the expenses and access technology and other tools that help build the strongest case possible for you.
We Will Fight For You
Haffner Law has your back. Our Los Angeles-based firm is home to medical malpractice lawyers who have not only the knowledge but also the resources to fully represent you in court. Our medical malpractice law firm has acquired more than two decades of experience holding healthcare institutions and medical professionals liable for their negligence. We work tirelessly to prove that your healthcare provider’s negligence exclusively has caused the injuries you sustained.
The Haffner Law team understands how the injury you suffered as a result of medical negligence can severely affect your life. To alleviate unnecessary stress, we keep you informed of the status of your case. In a complicated and confusing case such as medical malpractice, we will guide you and make the process of seeking recovery as painless as possible.
Why Do I Need a Medical Malpractice Attorney in Los Angeles?
If you believe you have been a victim of medical negligence, it is crucial to consult with our Los Angeles medical malpractice attorney at Haffner Law as soon as possible. Working with an attorney is essential when dealing with a medical malpractice case for several important reasons:
- Complex Laws and Regulations: We have an in-depth understanding of California’s medical malpractice laws and how they apply to your situation.
- Investigation and Evidence: We will investigate your case thoroughly and gather evidence to determine whether malpractice occurred.
- Negotiations with Insurance Companies: We will help you negotiate with insurance companies and advocate on your behalf to ensure you receive fair compensation for your injuries and losses.
- Trial Representation: If your case goes to trial, we will provide strong representation in court. We will present your case effectively, cross-examine witnesses, and argue on your behalf to maximize your chances of success.
When you’re dealing with a medical malpractice case, having our California medical malpractice lawyer by your side can provide peace of mind, knowing that you have someone who understands the legal process and is working to protect your rights and interests. Contact us now to schedule a free case review and let us help you decide on the best course of action to seek justice and compensation for any harm you’ve suffered.
Partner with a Los Angeles Medical Malpractice Attorney
Medical malpractice is a serious issue that can have life-altering consequences for patients. Understanding the medical malpractice laws in California is vital for anyone who believes they have been a victim of negligent medical care. The state has specific laws, statutes of limitations, and legal processes that govern medical malpractice cases.
Navigating these laws can be a challenging task, but with the right legal representation from our Los Angeles medical malpractice attorneys, those who have suffered due to medical negligence can seek the accountability and compensation they deserve. Remember that timely action, guidance, and a commitment to patient safety are vital in addressing medical malpractice in California and ensuring that patients’ rights are upheld.
If you have suffered an injury due to the negligence of a healthcare provider, contact Haffner Law as soon as possible to discuss your case. To schedule a free case review with one of our medical malpractice lawyers, give our office a call at 1-844-HAFFNER (423-3637). You may also get in touch with us online by completing our contact form. We can also provide legal assistance in dealing with personal injury and bad faith insurance cases.
