If you or a member of your family suffered an injury due to a negligent act by a hospital, doctor, or another healthcare institution or professional, you might have a medical malpractice claim.
According to Hofstra University, a staggering 10% of deaths in the U.S. are caused by medical errors or mistakes.
This figure does not take into account cases where medical malpractice caused devastating or permanent injuries to a victim. Injuries from medical malpractice may require lifelong, costly treatments. In some instances, a medical malpractice victim’s entire life may be altered after suffering a debilitating injury.
If a loved one died due to a medical mistake, or you suffered serious injuries as a result of medical negligence, a San Francisco medical malpractice lawyer can help you determine whether you could initiate a personal injury or wrongful death case. Call Ben Crump Law, PLLC now, and find out whether you could recover compensation at (800) 959-1444.
Examples of Medical Malpractice
There can be many different instances of medical malpractice and negligence, including:
- Failure to diagnose
- Failure to order diagnostic testing
- Misreading laboratory results
- Wrong-site surgery or other surgical errors
- Unnecessary surgery
- Incorrect medication or dosage
- Inadequate care
- Lack of follow-up
- Premature discharge
- Not recognizing symptoms
If you believe that any of these medical malpractice instances, or others, happened to you or a loved one, consult with a lawyer today who will be able to weigh your legal options with you.
For a free legal consultation with a medical malpractice lawyer serving San Francisco, call (844) 638-1822
Proving a Medical Malpractice Claim
Not every medical injury or oversight qualifies as a medical malpractice claim. In order to have a case, you will have to prove:
Violation of The Standard of Care
A patient can expect a certain standard of care when they require medical treatment. If the standard of care was not met by your medical care provider, and you suffered an injury or considerable aggravation of an existing condition, you may have a medical malpractice claim.
Negligence Caused Your Injury
If a medical provider violated the standard of care, and you have no injuries, you most likely do not have a case. You will have to prove that the injury or injuries you suffered are a direct result of a medical error and negligence.
You Have Damages
In order to have a medical malpractice case, you will also have to prove significant damages resulting from the medical mistake. These damages could be, for example, medical expenses, lost wages, permanent disfigurement and disability, and others.
Medical malpractice cases can be lengthy and expensive to litigate, and they will require compelling evidence. Malpractice cases typically also require expert witness testimony. Holding a hospital or respected doctor to account can feel daunting and overwhelming, especially if you are still suffering from your injury. However, help is available. Your San Francisco medical malpractice lawyer can help you hold the responsible party to account for your damages.
San Francisco Medical Malpractice Lawyer Near Me (844) 638-1822
Compensation for Medical Malpractice Injuries
If you file a medical malpractice lawsuit, whether it is for your injury or a loved one’s death, you could recover compensation for your expenses as well as your physical and mental suffering. A settlement you could recover might include:
- Hospital stays and other medical expenses
- Costs for medical devices
- Future medical costs related to the medical malpractice injury
- Lost wages and future lost income
- Pharmaceutical expenses
- Awards for mental and physical suffering
- Loss of enjoyment of life
In a wrongful death lawsuit, you could additionally recover the following damages as well as others:
- Costs for a funeral
- Loss of companionship
- Loss of guardianship for children
- Loss of income and benefits from the deceased
- Loss of inheritance
Occasionally, with medical malpractice cases, a victim can recover punitive damages in addition to compensation if the defendant acted particularly maliciously or recklessly. Punitive damages can vary widely from one case to another as well as from state to state.
How a San Francisco Medical Malpractice Lawyer Can Help
Medical malpractice cases can be complicated, lengthy, and technical. You may have to stand up against a medical institution or medical provider with endless resources and teams of lawyers ready to fight your claim.
However, this should not deter you from getting justice and your due. If someone else caused a serious injury or medical condition, they should pay for the medical costs and other consequences of their actions and not you.
Your San Francisco medical malpractice lawyer can help you with all aspects of your claim so that you can concentrate on your recovery. Ways in which we can help you include:
We know the laws regarding medical malpractice claims, including any deadlines for filing such claims. We can advise you on your legal options and the next best steps in order to get justice.
Calculating Your Damages
Calculating all your damages adequately in a medical malpractice lawsuit can be challenging. You may have a number of non-economic damages that could be considerable, depending on the severity of your injuries. We also take into account any expected future medical costs in calculating your damages.
Gathering Evidence and Building Your Case
Medical malpractice cases need careful examination and analysis. We can collect the necessary evidence and witness statements needed for your claim. We can also consult with expert witnesses and arrange for their testimony to strengthen your case in a court of law.
We can represent you when negotiating a settlement with insurances on your behalf. If we have to take your case to court, we will represent you and fight for your rights and compensation.
You do not have to struggle with a complicated medical malpractice case on your own when help is available. We work on a contingency basis, so there are no out-of-pocket costs for you as we only get paid when we win your case.
Call Ben Crump Law, PLLC now for your free consultation with one of our team members to find out if you have a claim at (800) 959-1444.