Medical malpractice affects thousands of individuals annually with severe and sometimes life-threatening outcomes. A Forbes medical statistics report states that medical errors account for 9.5% of deaths in the U.S. every year.
Medical malpractice lawsuits seek accountability when a healthcare provider fails to meet the standard of care, and an individual suffers significant injuries or even death. This lawsuit holds a doctor responsible for their negligence or failure to act in a way that another nurse, physician, or hospital would have in the same situation. The medical malpractice attorneys at Bostwick & Peterson have seen firsthand the devastating effects of medical malpractice and how it changes the lives of their clients. In this post, we will review common medical malpractice cases and how your California attorneys can help you protect your rights and receive the compensation you deserve.
Medical Malpractice and Standard of Care
Before examining common medical malpractice cases, it is vital to understand the standard of care in medical cases. The standard of care may be different depending on the circumstances of a case, including the type of medical professional, the patient’s medical condition and medical history, and the treatment provided. However, it is generally defined as a provider’s duty to act within the accepted standards of their profession/specialty and in a manner that other reasonably skilled, careful, and knowledgeable providers would act.
When bringing a medical malpractice claim, plaintiffs must prove a few essential elements. This includes proving that:
- The provider owed the patient a duty of care.
- The provider breached their duty of care, typically due to negligence / medical errors.
- The provider’s medical negligence was a substantial cause of the plaintiff’s injury, and
- The plaintiff suffered actual damages as a result.
In addition to proving negligence (breach of duty), plaintiffs must also prove causation and damages.
Common Types of Medical Malpractice Cases
Medical malpractice cases can stem from various errors at the medical professional's fault. Nolo, The Medical Encyclopedia states that the majority of medical malpractice cases will fall under these five categories:
- Failure to Diagnose: Failure to obtain a proper diagnosis may result in significant patient harm by allowing a disease to worsen, closing the optimal treatment window, and reducing the chance for a full recovery.
- Surgical Errors: Unfortunately, healthcare providers are sometimes negligent when treating patients before, during, or after surgery. These errors can include improperly sanitizing surgical tools, failing to treat post-operative care infections, and leaving surgical objects behind.
- Improper Course of Treatment: In some instances, doctors can recommend treatment that does not meet the patient's standard of care, which can worsen the condition.
- Failure to Warn a Patient of Known Risks: Informing the patient of potential risks involved in their treatment is part of the medical professional's standard of care. If the patient was not given informed consent and was harmed during their procedure, they may have grounds for a medical malpractice claim.
- Anesthesia Errors: Anesthesia is used widely across many medical settings – from hospitals and emergency departments to outpatient facilities and doctor’s offices. Wherever anesthesia is administered, treating providers – including anesthesiologists and certified nurse anesthetists (CRNA) – are obligated to meet the accepted standards of their profession. Unfortunately, specialists and medical professionals can make devastating mistakes.
It is important to note that these five categories cover a broad spectrum of medical malpractice cases. Discussing the specifics of your case while providing your San Francisco attorney with the proper medical documentation is vital to ensuring you receive maximum compensation.
California’s Medical Malpractice Statute of Limitations
It is crucial to file a medical malpractice claim as soon as possible. California’sstatute of limitations requires that a plaintiff file their claim no more than one year from the discovery of the injury or three years from the injury, whichever occurs first. Many factors can complicate a medical malpractice lawsuit, and it is crucial to find an experienced medical malpractice lawyer who will represent you with diligence.
Work With Experienced San Francisco Medical Malpractice Attorneys
The personal injury attorneys at Bostwick & Peterson have decades of experience handling medical malpractice cases. Our team is known nationally for our work in complex medical malpractice cases, including claims against providers who commit devastating mistakes during surgery. Our lawyers have recovered more than $1 billion for our clients across the state of California.
If you or a loved one has suffered an injury caused by medical negligence, don’t hesitate to contact one of our California attorneys for a free case consultation. Our team is here to help you on your path to recovery.
