, a 70-year-old man, went into Leicester Royal Infirmary
– a U.K. hospital – for a cystoscopy (a bladder procedure). Instead of the procedure that Brazier expected to undergo, he was surprised to find that he was circumcised
– he was mistaken for another patient who was scheduled for a circumcision.
According to the victim, he was distracted talking to hospital staff during the procedure; therefore, he didn’t notice that he was getting the incorrect procedure until after the fact. Without a doubt, hospital staff was also distracted – they were unaware of the mix-up until after the procedure had been completed
Understanding Your Rights in Medical Malpractice Incidents
The hospital is investigating the incident and has repeatedly apologized to the victim
. The hospital has also awarded the victim more than $24,000 (about £20,000). Unfortunately, incidents like the one described above are far too common. Medical malpractice occurs when medical professionals (nurses, doctors, and all other medical staff) fail to treat their patients with skill, attentiveness, and care. In other words, medical professionals, in general, have the duty to ensure that their patients receive the medical care required to improve their health. Medical malpractice is a sort of blanket term that applies to different types of specific malpractice.
Find out more about how we can help you. Call (888) 649-7166 to speak with a representative now.
Some of the main types of medical malpractice include surgical errors
, medical product liability, birth injuries, failure to treat, delayed diagnosis, and misdiagnosis, for example. The example mentioned above is a clear surgical error – in which the patient was subjected to the incorrect procedure. How could have something like that happened? In most cases, hospital staff is overworked – and often short-handed. These details, in addition to abrupt changes in shifts and other factors, make it easy for such mistakes to happen. It takes one person to mix-up two patients’ paperwork, and it takes many other failures to not realize that a mistake has been made. If anyone had reviewed the patient’s information prior to the procedure, the mistake would not have happened.
Do you have the right to file a claim?
If you were the victim of medical malpractice, you will likely have grounds to pursue a claim. Your right to pursue a claim for a surgical error, like the one discussed above, or any other form of medical malpractice, is based on the fact that medical professionals owed you a duty of care that was breached, resulting in the harm that you suffered. In other words, your right to sue will be based on negligence. Negligence consists of four elements: (1) duty of care
, (2) breach of duty,
, and (4) harm
. Medical professionals have a duty of care towards you. By mixing up patient information, they are breaching their duty of care towards you and causing the risk of subjecting you to the wrong procedures. When a patient is subjected to the wrong procedures directly because of a breached duty of care, the hospital could be found negligent and liable for all the harm suffered.
For more information regarding your rights in medical malpractice incidents
, do not hesitate to seek legal assistance
with the experts at our law firm immediately. Downtown L.A. Law Group is a personal injury law firm with many years of experience handling a variety of claims, including medical malpractice claims
. Our experts have a thorough understanding of the different ways that medical malpractice can affect the lives of all parties affected. We know that you are suffering, and we are dedicated to representing your rights against the hospital that negligently subjected you to medical malpractice.
You Could File a Claim and Receive Compensation
If the harm that you suffered at the hands of alleged medical professionals was a direct result of negligence, you could pursue a medical malpractice claim. If you can pursue a claim, you could also pursue monetary compensation. How much compensation could you recover? What type of compensation could you receive?
Some of the types of compensation that could be available for recover include the following:
- Medical expenses (for any costs associated with additional treatment necessary to address the malpractice, such as other surgeries, for example)
- Lost earnings (for all the wages that were lost resulting from the medical malpractice, associated with a longer recovery time, for example)
- Pain and suffering (for the physical, mental, and emotional distress directly caused by the medical malpractice)
- Punitive damages (awarded as a form of punishment towards the defendant, in this case, the hospital)
In the case that medical malpractice leads to death, surviving family members that pursue claims could also be awarded compensation for the loss of consortium (for the lost ability to have a normal relationship with the victim) and funeral/burial expenses (for the costs associated with specific death services).
To learn more about the specific type and amount of compensation that you might be eligible to recover for your medical malpractice claim, it is essential that you seek legal assistance as soon as possible. When you allow our lawyers to evaluate your claim, you could be certain that our lawyers will ensure that you have a thorough understanding of the potential value of your claim. Our lawyers know what your claim is worth and will not stop fighting until you recover the maximum amount of compensation available for your medical malpractice claim.
Let’s consider the compensation that the 70-year-old victim of medical malpractice was awarded. He was awarded a little over $24,000 without pursuing legal action against the hospital. Had he filed a medical malpractice lawsuit against the hospital, he might have recovered a significantly higher amount of compensation.
If you are ready to discuss the compensation that you might be eligible to receive with the knowledgeable medical malpractice lawyers at Downtown L.A. Law Group, do not hesitate to contact our law firm as soon as possible.
Medical Malpractice Claims are Subject to Deadlines
All personal injury claims, including medical malpractice claims, are subject to strict deadlines. More specifically, claims are subject to a statute of limitations. The statute of limitations that applies to your claim determines the length of time that you have to file a lawsuit. If you fail to file your claim within the time established by the statute of limitations that applies to your claim, you will lose your right to sue.
Learn more about your legal options: call (888) 649-7166 to speak with a representative now.
What deadline applies to medical malpractice claims? In the state of California, medical malpractice claims can be subjected to one of two deadlines. Medical malpractice claims must be filed within either (1) one year after discovering the injury (discovering the malpractice) or (2) three years from the date of the injury – whichever comes first. If claimants do not file their claims during the time allowed, they will lose their right to sue and subsequently lose their right to receive monetary compensation.
If you would like to learn more about the statute of limitations that applies to your claim, do not hesitate to contact our law firm at your earliest convenience. Our lawyers will provide you with all the information that you need to ensure that you have a thorough understanding that you need to take action within the appropriate length of time – do not hesitate to contact us today.
Downtown L.A. Law Group
Depending on the specific details of the incident, medical malpractice could significantly affect many different aspects of your life. At Downtown L.A. Law Group
, we believe that hospitals and medical professionals that negligently subject patients to surgical errors and other forms of malpractice should be held accountable. At our law firm, we are not afraid to pursue claims against even the most prestigious of hospitals. We have many years of experience handling personal injury claims
such as medical malpractice claims
and fighting for the rights of all victims.
Over the many years that we have handled claims, we have gained a thorough understanding of the significant impact that medical malpractice could have on the lives of victims and their families – this includes financial difficulties. We do not believe that seeking legal assistance should put you and your family in even more of a financial strain. Therefore, we offer free legal services, which include free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns – to ensure that you have access to all the information that you need to start or continue your claim. If you would like to benefit from our free legal services, do not hesitate to contact our law firm as soon as possible.
The free legal services we offer are available as part of our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients do not have to pay any upfront legal fees for any of our legal services. Our firm is also based on contingency; this means that our clients will not be required to pay any legal expenses until after reaching positive claim outcomes. If you are ready to discuss your medical malpractice claim with the experts at our law firm, do not hesitate to contact us
at your earliest convenience. Our medical malpractice lawyers are ready to handle your claim.