Healthcare providers have a duty to meet a standard of care, which means they should provide care that is appropriate for the patient’s condition and is similar to the care that another provider with similar training would provide in the same circumstances. Unfortunately, doctors, physicians, nurses, pharmacists, and other healthcare providers sometimes fail to meet the standard of care, and patients suffer as a result.
If you were a victim of a healthcare provider’s negligence, you may have experienced significant harm. Perhaps you received treatment too late for it to be effective, endured treatment that was unnecessary, or suffered pain and side effects from medications. You may have incurred medical bills that cost far more than if you had received appropriate and timely treatment. The injuries you endured may have left you unable to work and struggling financially.
A San Jose medical malpractice lawyer can help. At Ben Crump Law, PLLC, we have represented people all over the United States who were harmed by negligent healthcare providers. We may be able to file a personal injury lawsuit on your behalf to seek financial compensation. Call our team today at (800) 641-8998 to share your story and discuss your legal options.
Common Forms of Medical Malpractice
Doctors and other healthcare providers can make a wide range of mistakes, with results that vary from inconvenience to severe pain and death. A San Jose medical malpractice lawyer may be able to help if you suffered harm in any of the following circumstances.
For a free legal consultation with a medical malpractice lawyer serving San Jose, call (800) 641-8998
Inaccurate or Delayed Diagnoses
When a patient goes to a healthcare provider with a problem, the doctor should listen to the patient’s concerns, ask questions, conduct a physical examination, and order tests when appropriate. If a doctor fails to do those things, the patient’s condition may not be diagnosed correctly.
If a patient has a serious condition but a doctor fails to diagnose it promptly, the patient may not receive potentially lifesaving treatment. The doctor may make a correct diagnosis later, but by that time the condition may have progressed, and treatment may not be effective. If a doctor arrives at an incorrect diagnosis, a patient may receive treatment for a condition they do not actually have. The treatment may be ineffective or cause even more harm.
In these types of situations, the doctor may or may not be responsible. If the doctor acted appropriately but an error occurred at a laboratory—or the doctor made an inaccurate diagnosis because they were given incorrect information—the facility itself may be held liable. For example:
- A technician may have made a mistake when performing a test.
- Samples or equipment may have been contaminated.
- A machine used to perform a test may have given inaccurate results.
- Patient records may have been switched accidentally.
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When a patient goes to a healthcare provider for treatment, they expect the doctor to prescribe an appropriate medication in an appropriate dosage. A doctor should consider a patient’s diagnosis, other medical conditions, other medications the patient takes, and their overall health when choosing a drug and dosage. If a patient is given an inappropriate medication or the wrong dosage, the consequences can range from fatigue, nausea, and dizziness to organ failure, brain damage, and death.
Pharmacists have a duty to carefully review prescriptions to make sure they give a patient the right drug in the right amount. They should also check for dangerous interactions with other medications the patient takes. If the pharmacist gives a patient the wrong drug or the wrong quantity—or if the pharmacist fills a prescription that causes a dangerous interaction—the patient may suffer serious harm.
A nurse who administers medication in a hospital should check the drug and dosage before giving it to a patient. If a nurse gives a patient the wrong drug or the wrong amount—or administers it in the wrong manner or at the wrong time—serious complications can occur.
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Patients who are admitted to a hospital for surgery trust the doctors, nurses, and other healthcare providers to follow standard procedures and safety protocols. If they fail to do so, patients may suffer devastating consequences.
Surgical errors can take many forms. A doctor may perform the wrong procedure, operate on the wrong body part, or make an incision that is too deep or in the wrong place, damaging nerves or vital organs. A surgeon may leave an object that was used during the surgery inside the patient’s body. An anesthesiologist may administer the wrong amount of anesthesia, causing the patient to feel pain during surgery or suffer brain damage. The hospital may fail to appropriately sterilize the operating room and equipment, increasing the risk of infection.
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Contact a San Jose Medical Malpractice Lawyer
If you were hurt because of a healthcare provider’s negligence, you may have endured unnecessary physical, emotional, and financial suffering. You may never be able to fully recover from the harm you experienced or return to the life you used to enjoy.
A San Jose medical malpractice lawyer can help you file a personal injury lawsuit and seek compensation for your medical expenses, lost income, and pain and suffering. You have a limited amount of time to seek justice, so do not delay. According to California Code of Civil Procedure (CCP) Section 340.5, you can file a personal injury lawsuit up to three years from the date of injury, or one year from the date you discovered the injury—whichever comes first.
Contact Ben Crump Law, PLLC today at (800) 641-8998 to discuss your case with a member of our team. We operate on a contingency fee basis, which means that you do not pay us any money up front to represent you. We only get paid if we are able to win your case.
Call or text (800) 641-8998 or complete a Free Case Evaluation form