Like many people, you probably trust doctors, nurses, and surgeons. However, even highly educated medical professionals can make mistakes that jeopardize your health and safety. Surgical errors, birth injuries, and misdiagnoses are a few examples of medical malpractice.
Can you seek compensation if your doctor injured you? With the help of a medical malpractice attorney in San Jose, you can. Here’s what you need to know about medical malpractice from an experienced personal injury lawyer in San Jose, CA.
What Is Medical Malpractice?
You cannot sue your doctor or surgeon simply because they have a poor bedside manner. To sue and win, your case must meet the definition of medical malpractice.
Medical malpractice is the failure to uphold a standard of care for patients. Examples of medical malpractice include:
- Delayed or missed diagnoses
- Surgical errors
- Anesthesia mistakes
- Anesthesia mistakes
- Birth injuries
- Medication errors
- Failure to ask for informed consent
To illustrate further, here are some situations in which patients would have a valid medical malpractice claim:
- Marty’s surgeon is in a hurry and forgets to wash his hands and surgical tools. As a result, Marty develops a severe antibiotic-resistant infection and must stay in the hospital longer for treatment.
- Rae has been in labor for more than 24 hours. Her doctor forcibly extracts the baby from the birth canal, resulting in injuries to Rae and her newborn.
- For the past few months, Alice has complained to her doctor about her mysterious symptoms, but he’s brushed her off every time. Finally, she sees another doctor, who runs tests and tells her she has cancer. If the first doctor had listened to her, she could have started treatment sooner.
Who Can Be Liable for Medical Malpractice?
Any medical professional may be liable for medical malpractice. This includes:
The company that employs the medical professional can also be held liable for malpractice. Third parties, such as medical equipment manufacturers and drug companies, may also be involved. If you’re unsure who is liable for malpractice in your case, contact a medical malpractice attorney in San Jose.
Malpractice Damages
If you’ve suffered injuries or a delayed diagnosis because of a provider’s negligence, you want compensation, and rightly so. You can recover damages such as:
- All malpractice-related medical expenses. For example, you can recover those costs if you need additional surgery to correct an earlier mistake.
- Lost wages if you’re unable to work because of your malpractice-induced injuries
- Wrongful death if a loved one died because of malpractice
California allows you to recover non-economic damages, such as mental anguish. The current cap on non-economic damages in a non-death case is $350,000. This amount will increase by $40,000 every year through 2033.
How Long Do You Have To Make a Claim?
In California, you do not have an indefinite amount of time to file a medical malpractice claim. You must file a claim within three years of the incident or within one year of the date you knew about or should have known about the injury.
There is an exception for medical malpractice involving a minor child less than six years of age. In this case, you must file a claim before the child turns eight or within three years of the incident, whichever is longer.
What To Do After Medical Malpractice
Follow these steps to maximize your chances of winning a medical malpractice case:
- Seek additional medical care from a different doctor if necessary. The new doctor can provide a statement confirming that your original doctor deviated from an acceptable standard of care.
- Collect all documents related to the malpractice. This includes pictures of injuries, treatment records, and proof of lost wages.
- Contact a medical malpractice attorney in San Jose. Your attorney will identify liable parties and gather evidence to prove medical malpractice.
We’ll Help You Seek Compensation for Medical Errors
If your doctor made a medical mistake and you would like to hold them accountable, reach out to Hann Law Firm. Our attorneys will also be happy to explain the California laws on personal injury.
Call (408) 755-3498 to schedule an initial consultation.
Frequently Asked Questions
Learn more about medical malpractice in California here.
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