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Elderly Medical Malpractice Attorney – Medication Error


Individuals over the age of 65 account for a greater share of medical care than any other age group in the United States. As such, with the our aging population medical malpractice against the elderly is a growing dilemma resulting in tens of thousands of serious medical complication and deaths each year. Older adults are particularly vulnerable to instances of medical malpractice.

Learn more about your options for compensation by calling (855) 339-8879.

Common Types of Medical Malpractice Claims Amongst The Elderly 

Some of the most common type or medical negligence amongst individual over the age of 65 in the United States are as follows

  • Medication errors – Nursing Home and Nursing Care prescription drug errors
  • Failure to properly diagnose a heart attack or stroke
  • Surgical errors
  • Failure to Diagnose cancer in time
  • Failure of nursing home staff to prove for medical treatment to contact emergency medical professionals in time of a medical emergency

Medical Negligence Lawsuit Against Doctors Who Treat Older Patients

California Law and Medical Malpractice: The state of California has place certain retractions on a victims ability to receive just compensation due to the medical negligence or malpractice of a practicing medical professional. Some of those restrictions are provided below.

  • Reporting laws: Under CA Med Mal Laws settlements and verdicts in medical malpractice claims at or over $30,000 must be submitted to the California Medical board and published. This has a detrimental effect on patients rights because most doctors will fight tooth and nail and spends excessive amounts of money on legal fees before they accept a settlement of verdict that has to be published and sent to the California Medical Board.
  • Cap on Non Economic Damages: NEC’s or Non economic damages are capped in the state of California is cases of medical malpractice at $250,000. Non economic damages include pain and suffering mental anguish and punitive damages.
  • One Year Deadline To File: Generally victims of personal injury have two years to file a claim. However in instances of injury resulting from medical malpractice an claimant has only one year from the date of the injury to file a claim.

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Filing a Lawsuit For Medical Malpractice 

The legal definition of medical malpractice varies based on the jurisdiction where the injury took place. Generally medical malpractice take place where a practicing physician fails to provide a patient with the appropriate level of care defined by the standard of care in his profession.

Legal Representation 

If you or a loved one have been a victim of medical malpractice or elder abuse contact our law firm. All consultations are free of charge and completely confidential. (855) 339-8879. More information: Medical Malpractice in Nursing Homes

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