We trust our medical doctors to take proper care of us. Unfortunately, doctors, nurses, and other healthcare practitioners can make terrible mistakes that cause permanent damage. Not all mistakes amount to a malpractice case or the need for a medical malpractice lawyer. However, when a patient receives substandard care, it’s possible that you have a medical malpractice case and it’s worth reaching out to find out.
Very few lawyers in Placer County, El Dorado County, Nevada County, and Northern California have the experience and interest in handling medical malpractice cases. That’s why I routinely receive calls for representation for a wide range of these cases and have won so many in the past 30+ years.
If you or someone close to you has suffered serious damage at the hands of a medical health practitioner you should promptly call a medical malpractice lawyer for help. Call me at 530-823-0705 or 916-884-0705 or schedule your free consultation here.
Failed to diagnosis
Medical malpractice lawyers get calls from people whose doctors have failed to diagnose conditions, like breast cancer.
We get calls from people looking for an attorney who handles misdiagnosis cases. For example, we have recovered wrongful death damages for surviving children when their mother was misdiagnosed with an ear infection and died the next morning from bacterial meningitis.
Medical malpractice lawyers also handle cases involving surgical errors, like mistakenly leaving foreign objects inside people after surgery is completed, substandard plastic surgery cases, prescription medication errors, and even psychiatric malpractice when there is a suicide that could have been prevented.
Also common are hospital negligence cases, where lab results are misread or ignored, medication is improperly dosed, or the patient is released from the hospital prematurely.
More unusual are people looking for an attorney that handles hypoxic ischemic encephalopathy cases or a dental malpractice lawyer, but these kinds of cases do exist.
For over the last 30+ years I have handled all kinds of medical negligence cases. If you or someone close to you believes that you have been the victim of medical malpractice you need to contact a medical malpractice attorney right away to evaluate the case.
In negligence cases, medical negligence lawyers measure responsibility based on what a reasonable person under similar circumstances would do. If a provider fails to exercise that level of care, then they are negligent and at fault for the damage they have caused.
In medical malpractice cases, we measure responsibility based on how a healthcare provider performed in comparison to how other healthcare providers in the same practice areas and the same geographic community would have performed. If the care provided was substandard by comparison then they are at fault for the damage they caused.
You have the initial grounds for a medical malpractice case when a doctor, surgeon, nurse, physical therapist, plastic surgeon, chiropractor, therapist or other health care practitioner makes a mistake and that mistake is below the standards in the community where they practice or in the community where the treatment occurred.
The limitation period for medical negligence can be very short. You always should contact an attorney as soon as you think that medical negligence exists and the attorney can give you information on the time you have to bring your lawsuit or demand for arbitration. If you fail to timely file a claim or lawsuit you will be barred from any monetary recovery. If you have reason to believe that you or someone close to you has been the victim of malpractice, now is the time to contact a medical negligence lawyer.
Call my cell to discuss your case: 530-305-7396.
Rare, easy cases
In some rare cases as a medical malpractice attorney, we’ve found it very easy to prove the malpractice. For example, in one of our cases, a surgeon performed carpal tunnel surgery on the patient’s wrong wrist. In another case, a patient was left unattended after surgery and fell off the gurney and suffered broken ribs. In these types of medical malpractice cases, the negligence is obvious and is admitted by the practitioner and not hard to prove. The case instead focuses on determining the damages.
More common, difficult cases
In most cases, however, medical negligence is disputed. In a disputed medical negligence case, only the most serious injuries or a wrongful death merits the financial investment by you and/or your medical malpractice lawyer.
In one of our cases, for example, a woman was sent home from a Kaiser emergency room after being assessed with an earache and given over-the-counter drops. The next day, the woman was found dead in her home by her adult daughter who went to check on her after she did not show up to work. The woman died from bacterial meningitis.
Kaiser asserted that it was not reasonable under the circumstances to check for bacterial meningitis in the emergency room. Each side had independent experts.
After several rounds of expert depositions, we were able to resolve the case for the woman’s survivors and recover damages for wrongful death.
If your medical malpractice attorney believes you have a case that is worth litigating, the lawyer will handle the case on a contingency fee basis. This means that the lawyer will pay all the upfront costs and only be reimbursed and take a fee if you win. The contingency fee agreement recognizes that most people cannot afford to pay a lawyer up front to handle medical malpractice cases.
These malpractice cases are some of the most expensive cases to handle. They involve expert testimony from specialists in many different fields. Your medical malpractice attorney can talk to you about the costs and benefits of handling a medical malpractice case so that you can make an informed decision about how you can proceed.
Medical malpractice attorneys need to have years of experience handling injury cases so that they understand medicine in a way to ask the right questions, get the right experts, and tell your story in an easy-to-understand fashion.
Your medical malpractice lawyer will also need to have built up a war chest from past victories to see your case through to conclusion. Often times, medical malpractice attorneys will join forces with each other to take on hospitals, physician groups, and even makers of medical devices.
First, get all of your records from the doctor, hospital, therapist, dentist, chiropractor, plastic surgeon, or other healthcare professional that was supposed to take care of you or your loved one.
Immediately contact an attorney who has specialized knowledge about medical malpractice the moment you suspect medical negligence. Too many people wait and do nothing only to find that the statute of limitations has already run by the time they contact a lawyer.
Lastly, try to get a second opinion from another doctor, nurse, or surgeon who can review your care and help you to determine if the treatment you received was below the applicable standard of care. If you or someone you know has suffered a serious injury or wrongful death as a result of what you suspect is substandard care by a medical health practitioner, you need to seek the advice of a medical malpractice attorney right away.