Whose Fault Is It When A Patient Falls In The Hospital?Did you recently suffer a fall at a hospital, clinic, or any sort of medical office? How did you fall? Did you suffer any injuries after falling? If you suffered any sort of injuries, such as head injuries, back injuries, neck injuries, spinal cord injuries, etc., you might be interested in taking action against the medical office, hospital, or clinic, for example. You might have considered the possibility of pursuing a lawsuit in hopes of recovering some sort of compensation for the harm that you suffered. If you have considered taking legal action after falling on premises with any sort of medical purpose, you likely encountered a dilemma. Is your fall considered a medical malpractice case? Do you have grounds to pursue a medical malpractice claim against the doctor, clinic, or medical office? If your fall is not considered medical malpractice, what type of claim would it be? Without a doubt, you likely have many questions regarding your fall. You likely have many questions and are in search of answers to clarify some of your confusion. Undeniably, you could benefit from discussing your current situation with the knowledgeable attorneys at Downtown L.A. Law Group. Downtown L.A. Law Group is a personal injury law firm with many years of experience handling a number of claims, including all types of falls. Our clients have suffered a variety of falls in different locations. What does this mean for you and your claim? Our law firm has successfully handled claims against differed parties and entities, including doctors and even hospitals. If you suffered any type of harm, you could be certain that our experts will do everything within their reach to ensure that your claim reaches a successful outcome, ensuring that you receive the compensation to which you are entitled.
About Medical MalpracticeWhat is medical malpractice? When does medical malpractice occur? Medical malpractice occurs when a doctor, nurse, hospital, or any other health care professional causes an injury to a patient. To be considered medical malpractice, the injury suffered must be a direct result of a negligent action or omission of information. In general, medical malpractice claims revolve around the failure to diagnose a condition, improperly treating a condition, or the failure to warn patients of risks. Misdiagnosis, incorrect prescriptions, failure to treat, and botched surgeries are also considered to be medical malpractice. To prove medical malpractice existed, there must be a clear doctor-patient relationship, clear negligence against the patient, a clear injury caused by the negligence, and specific damages caused by the injury. If you are still in need of information surrounding medical malpractice, do not hesitate to contact our law firm at your earliest convenience.
Q: If I fell at my doctor’s office, is it considered medical malpractice?Typically a fall is not considered medical malpractice. However, this issue becomes a little more complicated when dealing with falls or injuries inside medical offices or hospitals. This is important to consider because medical malpractice cases carry an entirely different set of rules. If the case is a medical malpractice case it will be governed by a one-year statute of limitations and will have caps on the amount of your recovery, while standard injury cases are not governed by such limitations. Consider the following situation. You arrive at your local medical offices for a routine appointment. You wait in the waiting room for a few minutes until you are finally called into the examination room. The nurse instructs you to sit on a chair to the side. You sit on the chair and answer the few questions that the nurse is asking. After a few moments, you hear a strange noise; you are suddenly on the floor. The chair in the examination room suddenly collapsed. Although no injuries were apparent right after your fall, you develop some pain a few days later. Further medical examination reveals that you suffered a few concerning injuries. So, is your fall considered medical malpractice? The answer is simple. Falling from a chair with no specific medical purpose does not fall into medical malpractice. A fall has no grounds for a medical malpractice claim; however, victims of falls on any sort of medical grounds, still have grounds to pursue claims. Your fall isn’t medical malpractice. Is that a bad thing? Your fall being classified outside of the medical malpractice category is not necessary a bad thing. As mentioned above, medical malpractice claims are subject to a specific set of rules and strict timelines (statutes of limitations). Medical malpractice claims also have caps on the compensation available for recovery. Standard injury cases, on the other hand, are not subject to many of these limitations – meaning that standard injury cases (like falling from a chair) have more potential. If you would like to learn more about why your fall is not considered medical malpractice, do not hesitate to contact our law firm as soon as possible. Our personal injury experts will provide you with all the information that you need to better understand your current situation and take action against the party or entity liable for the injury that you suffered.
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About the MICRAAs mentioned above, medical malpractice claims are specific to very strict guidelines. These strict guidelines are established by the MICRA. The Medical Injury Compensation Reform Act (MICRA) is a statute originally enacted in 1975. The MICRA was signed into law the same year by California’s governor at the time – Jerry Brown. The purpose of the MICRA was simple: to lower medical malpractice liability insurance premiums for Californian healthcare providers by decreasing their possible tort liability. Perhaps the most significant of the strict guidelines consists of the limits placed on the damages available for recovery. The MICRA limits non-economic damages to $250,000. What are non-economic damages? Non-economic damages are damages consisting of pain and suffering, the loss of consortium, or the values associated with losing limbs or certain abilities. This limit on non-economic damages available to recover for medical malpractice cases can severely affect the potential value of these claims. Besides the limit on the non-economic damages available for recovery, the MICRA also placed a strict statute of limitations on medical malpractice claims. Instead of the usual time allotted to injury claims, medical malpractice claims are subject to a strict one-year deadline. Because the timeline to file a medical malpractice claim is so short, many claimants miss the deadline, subsequently losing their right to sue and receive compensation.
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