Medical malpractice happens when a doctor fails to meet the standard of care and causes more injuries for patients. Medical malpractice is relatively uncommon, but it can happen even in the best facilities. Being the victim of medical malpractice means that you have more injuries and expenses to deal with because of someone else’s mistakes. The financial impact can take years to resolve, and your injuries can take longer to heal. Fortunately, you do not have to deal with all of those problems alone.
If you or a loved one is the victim of medical malpractice, you have the right to file a lawsuit against the responsible party. Your lawsuit can claim compensation for expenses related to your recovery. To see what your legal options are, consult an Oakland medical malpractice lawyer. Call Ben Crump Law, PLLC at 800-959-1444 for a free consultation with our team.
Examples of Medical Malpractice
Medical malpractice can take several forms. Examples of medical malpractice include:
- Medication errors: Receiving the wrong medication or being prescribed the wrong medication can be considered malpractice. It is a mistake that can lead to adverse health effects from taking medication that was not intended to treat your condition.
- Procedures without informed consent: Medical care providers are required by law to get informed consent from you to do any medical procedures. Failing to do so is a violation of your rights and may lead to possible injuries.
- Ignoring test results: Ordering tests to diagnose the condition, then failing to review them before offering a treatment option is medical malpractice. Doctors are obligated to assess all of the available information, including test results, to inform their treatment process.
There are other examples of medical malpractice not covered on this list. If you suspect that you are the victim of medical malpractice, you have the option of consulting a lawyer as soon as possible. An investigation can show whether or not a doctor failed to meet the standard of care or was negligent in their work. Regardless of the reason, you can take legal action to ensure that you are not a long-term victim with financial problems that will take years to resolve.
For a free legal consultation with a medical malpractice lawyer serving Oakland, call 800-641-8998
Statute of Limitations
Under civil law, you have the right to file a lawsuit against the care provider that caused your injuries. You have a limited amount of time to do this. It is called the statute of limitations and is intended to have victims take legal action in a relevant amount of time after they have been injured.
According to the California Code of Civil Procedure § 340.5, the statute of limitations for medical malpractice has two components. The first component gives you one year from the date that you find out you are injured to file a lawsuit. The other component gives you three years from the date of the injury to file a lawsuit.
Determining the cutoff date for the statute of limitations in your case may be complicated. Call Ben Crump Law, PLLC to see what your legal options are and how an Oakland medical malpractice lawyer can help you.
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Standard of Care
Medical care is judged by a concept called the standard of care. The standard of care is an established procedure for treating a medical condition. Doctors are obligated to try to meet that standard of care every time they treat a patient.
While doctors have some leeway to adjust treatment methods for each situation, they cannot deviate too far from the standard of care. It offers a level of protection for patients to ensure that they receive quality care that can address their health concerns. When a care provider does not meet this standard, their actions can lead to injuries and medical malpractice liability.
One way doctors tend to miss the standard of care is by ignoring available test results. If a doctor orders tests to help diagnose a condition, then they are obligated to review the results and incorporate that information into their treatment plans. Failing to do so leaves vital information unused and may cause a doctor to make the wrong decision about a treatment method.
Possibly Recoverable Compensation
Your lawsuit is intended to recover compensation for expenses related to your recovery. There are several types of compensation that you can claim.
Medical expenses are often the most cited claim. If you experience medical malpractice, that means that you are suffering injuries on top of whatever condition that was supposed to be treated. Seeking treatment from another physician for the old and new injuries adds to your expenses.
Unless you have a lot of money saved up or have exceptional insurance, this could lead to a significant financial burden. You can claim those expenses in the lawsuit.
Victims often file claims for legal fees and lost wages as well. The injuries received from the first doctor’s treatment may extend the amount of time that the victim is out of work. This will affect your ability to earn a living. Any wages that you lost by being out of work can be claimed.
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Understanding Your Rights
California laws give you the right to file a lawsuit against a care provider that commits medical malpractice leading to your injuries. Their actions will lead to you having more expenses that you should not be responsible for. Filing a lawsuit lets you claim compensation from the person that caused your injuries to cover those expenses.
You do not have to continue to be hurt by the mistakes of your care provider. You can overcome the financial burden that medical malpractice can cause by holding the care provider accountable.
Consult with a Medical Malpractice Lawyer
Filing a medical malpractice lawsuit has a lot of pitfalls that can compromise your case if you do not know how to avoid them. An Oakland medical malpractice lawyer offers legal guidance and support throughout your lawsuit.
If you are looking for representation, call Ben Crump Law, PLLC at 800-959-1444 to discuss your case with our team. The consultation is free, and we only get paid if we win your case.