Understanding Your Rights in Medical Malpractice IncidentsThe 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. CHAT LIVE 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, (3) cause, 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 CompensationIf 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)
Medical Malpractice Claims are Subject to DeadlinesAll 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 by chatting 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.