When you receive medical treatment from a licensed professional, you trust that they will exercise the highest standard of care and minimize your concerns, not compound them.
Unfortunately, negligence in the medical field occurs frequently, and victims may suffer injuries or even death as a result. In fact, researchers at John Hopkins University found that medical errors cause more than 250,000 deaths annually, making it the third leading cause of death in the United States. Only cancer and heart disease take more lives each year.
If you or a loved one became a victim of medical error due to a medical professional’s failure to provide a quality standard of care, a Los Angeles medical malpractice lawyer can help you seek compensation for your injuries. Contact Ben Crump Law, PLLC today at 800-641-8998 to discuss your case with our legal team.
Filing a Medical Malpractice Claim
According to an article in Clinical Orthopedics and Related Research, the term medical malpractice applies to any act by a physician during the treatment of a patient that fails to meet standards of medical practice and causes harm to the patient. It may also refer to an injury that results from a doctor’s failure to act, or negligence.
If you suffered an injury or the loss of a loved one resulting from medical malpractice, you might wish to hold the medical professionals who harmed you accountable and seek compensation for your injuries. However, these cases involve many complex laws and requirements, and the challenge often discourages victims from pursuing their claims. A study published in Studies in Health Technology and Informatics found that victims report less than 10% of medical malpractice claims, due in part to the difficulty of navigating the reporting system.
A Los Angeles medical malpractice lawyer can help you pursue your case in a California court.
For a free legal consultation with a medical malpractice lawyer serving Los Angeles, call 800-641-8998
Components of a Medical Malpractice Lawsuit
While unfavorable outcomes and unexpected complications can occur during medical treatment, they do not automatically qualify patients for a medical malpractice case. In order to file medical malpractice claims, patients must prove several factors to determine the liability of the doctor, nurse, or other medical professionals.
Duty of Care
The victim must prove that they had an established relationship with the medical professional and received services at their place of employment, such as a doctor’s office or hospital. In an active patient-doctor relationship, the doctor must honor the accepted standard of care in providing services to the patient.
Deviation from Duty of Care
If your doctor fails to uphold their legal obligation to meet the professional standard of care maintained by the medical community, you may suffer injury. This constitutes a breach of care.
Direct Causation
Proving causation often presents a challenge to victims, as the legal system makes it difficult to determine liability. An attorney can help you gather the documents you need, such as medical records, statements, and other information to help you prove that your doctor maintains full responsibility for your injury due to their inappropriate acts.
Damages
Victims must demonstrate to the court that their injuries resulted in damages, which may include financial loss as well as those that cannot be measured monetarily, such as pain and suffering. The American Medical Association outlines details of the $250,000 cap on non-economic damages in California, which may limit settlements. However, a Los Angeles medical malpractice lawyer can help you fight for the compensation you deserve.
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Medical Malpractice Examples
Victims of medical malpractice may suffer injuries in a wide range of medical environments during diagnosis, surgical treatment, medication prescription, and other circumstances. Examples of medical malpractice include:
- Anesthesia errors
- Errors in the provision of emergency room care
- Defective or inappropriate use of medical devices
- Delayed diagnosis or treatment
- Failure to acknowledge and act on concerns of the patient
- Hospital negligence
If you fell victim to these or other forms of medical malpractice, our law firm can help. Contact Ben Crump Law, PLLC today, and our team will discuss your case.
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Types of Compensation for Medical Malpractice
Medical malpractice often leaves victims with financial and emotional instability, which arise from the injuries they suffered or their loss of a loved one. Our lawyers can help you hold the medical professionals who caused your pain accountable for their actions and assist you in seeking financial awards for your losses. These may include:
- Medical and rehabilitation bills
- Lost wages and loss of future income
- Pain and suffering
- Loss of consortium or mental anguish
- Funeral and burial expenses for your loved one
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What a Lawyer Can Do to Help You
Pursuing a medical malpractice claim may seem intimidating, especially during this difficult time. An attorney can help you by guiding you through the litigation process, representing you in court, and gathering the necessary documentation required to prove that your injuries or loss resulted from medical malpractice. Steps they may take include:
- Getting to know you and the details of your case to develop an appropriate approach.
- Collecting proof of liability on your behalf.
- Determining the potential value of your claim.
- Handling all court proceedings.
- Maintaining communication with you
- Ensuring your understanding throughout the length of the case.
Victims of medical malpractice must comply with the California Code of Civil Procedure section 340.5, which holds that a medical malpractice claim must be filed no later than three years after the date of the incident that caused the injury or one year after the patient discovers the injury. The sooner you contact our firm, the sooner we can help you with your case.
Contact Ben Crump Law, PLLC Today
We know how difficult it can be to seek the justice and compensation you deserve, and our lawyers will work to lessen your burden and advocate for your needs. Medical malpractice cases often involve substantial amounts of time, effort, and money. We manage as many of these factors as possible, so that you do not have to worry about additional stressors during your difficult time.
We work on a contingency fee basis, which means we do not charge you any fees unless you receive compensation for your claim. Contact the team at Ben Crump Law, PLLC today at 800-641-8998 for your free case evaluation.
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