Our team of expert lawyers at the Downtown LA Law Group has handled many medical malpractice cases over the years. We have dealt with kidney stone malpractice cases for individuals who have chosen to get the surgeries and move forward with different treatments regarding gender. We know the best methods for success and will ensure that you are fairly paid for your damages if a surgeon botched a kidney stone removal operation.
Kidney Stone Errors by Surgeons
A kidney stone forms when there is inadequate water in the kidneys. A common cause of kidneys stones is dehydration; individuals who do not drink enough water, who drink excess amounts of caffeine and alcohol, and who do not retain water tend to report higher rates of kidney stones. The stones may be a few centimeters in diameter, but they take a few days to pass. The pain is often described as debilitating and unbearable, and it will radiate all the way from the kidneys, which are near the spine, through the urinary tract, and out through the ureter and urethra. In some cases, it is advised to simply get the surgery to remove the kidney stone to avoid the pain, but it may not be recommended if there are some issues with the patient.
Some doctors might have a failure to diagnose a kidney stone, and they could perform unnecessary surgery or ask that you undergo unnecessary treatment.
How to File a Kidney Stone Malpractice Claim
Medical malpractice lawsuits are a subset of personal injury law, and they are based on negligence. There are four points that you can use to show that you were a victim of medical malpractice.
- You must have had a doctor/patient relationship established with the surgeon
- The surgeon must have breached his duty of care and made an error in some way
- The error must have resulted in an incident of some kind
- The incident must have led to physical injuries
If you can prove all four of these points, your claim will have a good foundation. Your evidence should then be used to prop up your point and show how you were injured, as well as what kind of compensation you deserve.
One of the primary pieces of evidence you will have is the expert testimony of other surgeons or doctors. They will testify whether or not they would have behaved similarly if they were performing the procedure. They also can claim whether or not they would have accurately identified the symptoms of a kidney stone.
You should make it a point to collect medical bills, insurance billings, doctor’s statements, test results, prescriptions, and more from the hospital after you were hurt. You can gather this proof to show the type of procedure you had done and to show how responsible the hospital and doctor were. Do not hesitate to go see another doctor for treatment, especially if the first doctor worsened the damages.
You will need photos of the damages you suffered to show the extent of the injuries, in such cases that a wrongful surgery occurred. You should take pictures of the kidney stone once it passes to show that you were suffering from one.
There may be eyewitnesses or other individuals who can testify to the malpractice, such as nurses or family members who went with you. You can ask for their statements and testimonies to add to your claim.
You will need to file an incident report with the hospital to alert them to the fact that you were hurt and that you intend to sue.
Your case will benefit greatly from having a legal representative. An attorney can gather your proof, write your demand letter, and see to it that you are given a fair settlement after the failure to diagnose your kidney stone. You should focus on healing from your injuries while we deal with your claim.
Compensation from a Kidney Stone Misdiagnosis Lawsuit
Your case will be evaluated by an insurance agent. He will determine how much your case is worth by looking at the extent of the injuries, the impact they had on your daily life and career, your age, your responsibility in the incident, and much more. Our goal is to ensure that the settlement offered to you is adequate and covers all of your expenses. We will fight to win you the following:
- Medical Expenses: There may be various medical expenses stemming from misdiagnosis, and you may have to pay for additional treatments in the future; these expenses can be covered, and they can include hospitalization, anesthesiologist payments, physical therapy and rehabilitation, medication and prescription drugs, and more. You can have the full extent of these damages paid off. There is no cap on medical expenses in medical malpractice lawsuits.
- Lost Wages: You may not be able to return to work for a period of time after the injuries you suffered in the operating room. You may also not be able to go back to work because of recovery time and additional medical procedures in the future. We will pursue coverage and reimbursement for your wages, benefits, commissions, tips, and more.
- Pain and Suffering: Your emotional damages resulting from the ordeal with the doctor could result in a large amount of compensation. Pain and suffering injuries are often the most debilitating; they can arise from nearly any incident, whether or not there is any physical harm. If you file a medical malpractice lawsuit, you should know that pain and suffering compensation is limited to $250,000.
We will do everything we can to ensure that you do not have to pay for any expenses and debts related to the incident. Misdiagnosis generally indicates that you were not at fault. The doctor, nurse, hospital, or other entity who misdiagnosed you should be held properly accountable. We will pursue the maximum compensation for your lawsuit.
Deadline to Sue for a Kidney Stone Misdiagnosis Claim
California’s laws dictate that medical malpractice lawsuits must be filed within 1 year of the discovery of the injury, or 3 years of the injury itself. This means that if you did not notice that there was a problem stemming from the surgery until 2 years after you had the kidney stone misdiagnosis, you can still legally sue. However, if you went to the doctor and discovered there was an issue but elected to not take legal action, your statute is actually shortened. The main exception to this rule involves foreign objects left in the body; if there were to happen during the wrongful surgery stemming from a kidney stone misdiagnosis, you would have no statute of limitations to follow, as the time limit is endless.
It is possible for the statute of limitations to be extended past the 2 year deadline. This can occur if you were under 18 years old when the incident happened, as minors cannot legally sue and can wait until they turn legal age to do so – or, alternatively, they can have a parent or guardian sue on their behalf. An operation may also have left you physically or mentally incapacitated, such as in a coma from a wrong dosage of medication, which could allow the statute to not count down until you return to health and awareness. Additionally, the doctor must be present in the state or country; if he leaves, the statute of limitations will be frozen until he returns.
Often, victims and patients do not know what the statute of limitations is or how much time is left on their claims. The main reason claims don’t result in compensation is due to the statute of limitations expiring. If you come to our firm, we will tell you how much time remains, and we will ensure that your case is filed on time.
Choosing the Best Firm
Our law firm, the Downtown LA Law Group, has recovered hundreds of millions of dollars for victims of medical malpractice and kidney stone malpractice. We have decades of combined experience and will fight endlessly for your fair settlement. If we have to go to court to defend your rights in front of a judge and jury, we are more than willing to do so.
For a free legal consultation, call our law offices today. All consultations are totally confidential and private – none of your personal details will be shared with anyone else. You can ask us anything you wish and we’ll tell you what we believe your case is worth.
If you hire us, you’ll get our zero fee guarantee. This states that we won’t get paid until and unless we win, and if we lose, we receive nothing at all.
To sue a doctor because your kidney stone was misdiagnosed, contact the Downtown LA Law Group today.