Medical malpractice is when medical professionals cause an injury by failing to meet a standard of care or by being negligent. This type of injury can be expensive to treat since a new medical team is often needed to address the consequences, on top of the pre-existing conditions.
It can also cause a lot of pain and suffering through ongoing medical treatments, physical pain, and mental stress. Fortunately, you have the option of taking legal action by filing a medical malpractice lawsuit.
If you or someone that you know experienced medical malpractice, then you might benefit from consulting a medical malpractice attorney as soon as possible. A Sacramento medical malpractice lawyer can help you build a case and fight for compensation that you need to address your medical issues and expenses. Contact Ben Crump Law, PLLC at 800-641-8998 for a free consultation.
Examples of Medical Malpractice
Medical malpractice covers several types of injuries that happen in medical settings. Some medical malpractice examples include:
- Misdiagnosis: Failing to diagnose a condition or illness correctly can lead to further injuries. In these cases, medical professionals fail to use all of the tools and information at their disposal to make an informed decision. A misdiagnosis often leads to even further pain and suffering than the patient had to begin with.
- Delayed diagnosis: Taking an unusually long-time to diagnose a condition or illness after all the information is available can lead to worsening injuries and more serious treatments to resolve.
- Surgery errors: Making obvious errors in surgery can lead to escalating medical problems. If a surgeon makes a serious error during the surgery, then you may be able to file a malpractice lawsuit.
- Medication errors: If the doctor prescribed you the incorrect medication, they are liable for any injuries that result. This means you could get compensation through a lawsuit.
- Birth injuries: If someone involved in the birth process harms a child, resulting in injuries, or if a mother is harmed during birth, and the doctors could have prevented it, this may constitute malpractice.
Medical malpractice covers a wide range of injuries and situations that are not mentioned on this list. Medical malpractice can lead to serious long-term issues, and any injury or problem should be treated as an emergency. Seek medical attention or a second opinion as soon as possible. It might also benefit you to consult a malpractice lawyer for a deeper investigation. Contact Ben Crump Law, PLLC for a free, no-obligation consultation.
For a free legal consultation with a medical malpractice lawyer serving Sacramento, call 800-641-8998
Deviations From Standard of Care May Be Malpractice
When investigating a medical malpractice case, many people refer to the standard of care to determine if malpractice occurred. The standard of care is a general term for the guidelines of care that is expected in every medical situation. The guidelines can be general, or more specific rules that medical professionals should adhere to. The medical industry develops standards of care based on years of extensive research and practical experience. Deviating from the standard of care is likely to lead to problems and injuries, which could become the basis for medical malpractice lawsuits.
It is important to note that medical malpractice may not happen if the care provider deviates from the standard of care. To constitute medical malpractice, there must be a resulting injury that resulted in physical and monetary damage. In some situations, deviating from the standard of care may be seen as a better option in cases with extreme circumstances. However, medical professionals will have to prove that their intent to deviate from the standard of care was the right decision based on medical evidence.
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Signs of Medical Malpractice
Medical malpractice is often hard to spot for a person without medical training. However, there are several signs that you can look for that might point to medical malpractice:
- New symptoms after treatment: If you receive treatment and new symptoms of a different condition begin to appear, there may have been an error in the diagnosis or treatment method. Get a second opinion to confirm the treatment for the old and new symptoms.
- Admitting fault: Your caretaker admitting fault for a serious issue is a major red flag for medical malpractice. Doctors and other high-level medical professionals typically do not admit fault for a problem.
- A radical change in treatment or diagnosis: If your caretakers make a radical change in the diagnosis or treatment method, then you might have been misdiagnosed initially.
- Neglect: Not receiving care can be malpractice. This is a growing problem in hospitals and nursing homes since many facilities are understaffed.
- No informed consent before treatment: Your medical professional is required to inform you of the treatment procedures and risks, as well as get your consent before treatment starts. Failing to do so is a form of malpractice since it prevents you from making decisions about your treatment process.
There are other signs of medical malpractice that are not covered on this list. If you think that you are experiencing malpractice, then seek additional help and a second opinion as soon as possible. When you are able, it might help to consult a medical malpractice attorney for a legal opinion.
Statute of Limitations to File a Medical Malpractice Lawsuit
It is important to file your medical malpractice claim as soon as possible. There is a statute of limitations to file a malpractice lawsuit. According to California Code of Civil Procedure section 340.5, you have a year from the day you realize you are a victim of medical malpractice to file a claim, or three years after the malpractice occurred (whichever comes first). If you fail to file by either date, you will not be able to file at all. The case will be invalidated and will not go to trial.
The longer it takes to begin the legal process, the more problems you are likely to have in building a case. Medical evidence can quickly disappear due to high turnover in medical facilities. Your malpractice attorney can recover the necessary documentation and take statements from the people involved, which can preserve evidence for later use in your case. This might benefit you, as you will be able to focus more on your recovery.
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Seeking Legal Guidance From a Medical Malpractice Attorney
If you or a loved one believes medical malpractice has occurred, you might benefit from seeking legal aid from a Sacramento medical malpractice lawyer. Contact Ben Crump Law, PLLC at 800-641-8998 to speak to a member of our legal team to see if we can be of assistance.