If you or a loved one has suffered a serious injury or even death and you suspect medical malpractice may be to blame, we would like the opportunity to help.
Our qualified and experienced attorneys at Kuvara Law Firm 1-800-4-INJURY can evaluate your medical malpractice case to determine liability for your losses and suffering.
Medical malpractice is any injury caused or aggravated by a medical professional due to negligence or wrongdoing
Medical malpractice can be found in any field of medicine where a doctor or other medical professional has failed to meet the acceptable standards of care. It happens in the best hospitals. While medical malpractice is most prevalent in the areas of obstetrics-gynecology, neurosurgery, emergency care, orthopedics, and other medical specialties, medical malpractice can happen in any area of medicine. If you suspect that you or a loved one is the victim of medical malpractice, do not hesitate to contact us for a free consultation. Our medical malpractice lawyers have the experience and expertise needed to get you the compensation you deserve.
According to a Harvard Medical Study conducted in 1990, approximately 80,000 people die each year because of medical malpractice. Approximately 30 to 40 percent of all autopsy reports indicate that a misdiagnosis or failure to diagnose contributed to the individual’s death. There are several types of medical malpractice that may entitle you to compensation for your pain and suffering.
Top Causes of Medical Malpractice
Birth injuries are a common consequence of medical malpractice. When a doctor fails to identify and address prenatal risk factors and birth injury results, they can be held liable. For example, when proper prenatal care is administered, a medical professional has a duty to identify and treat maternal and fetal infections, RH incompatibility, maternal diabetes, and other factors that may cause injury to the mother and child. Improper birthing techniques, failure to respond appropriately to delivery complications, and other types of medical malpractice can result in significant birth injuries such as Erb’s Palsy, fetal anoxia, cerebral palsy, jaundice and more.
Another common form of medical malpractice is surgical error. While there is always risk involved with any surgical procedure, a surgical patient typically has a reasonable expectation that the doctor will perform the surgery without error. Unfortunately, this is not always the case. Surgical medical malpractice can be found in the operating room due to negligence, mistakes with anesthesia, surgical errors, damage caused to surrounding tissues, failure to treat the problem, and more. Medical malpractice can occur even before the surgery in failure to prepare properly and evaluate a patient’s health status. In more severe cases, surgeons operate on the wrong patient or the wrong area of the body altogether. For all of these serious medical mistakes, medical professionals can be held liable by law.
Failure to Diagnose or Misdiagnosis
This occurs when a physician should have ordered diagnostic testing or misread diagnostic tests in order to correctly diagnose a patient with a condition. In most cases of this type of malpractice, the condition that was not diagnosed or misdiagnosed goes on to harm the patient.
This occurs when doctors write the wrong prescription or fail to write legibly enough for the pharmacy to correctly fill the medication, or when the pharmacy misfills a medication or prints incorrect directions or safety warnings.
There are many other types of medical malpractice. Failure to diagnose, misdiagnosis, prescription errors, and nursing home abuse, are some of the most commonly seen cases of medical malpractice. These are all cases of inadequate care provided by the health professional and may entitle you to compensation.
Standards Of Criteria
In order to file a malpractice claim, you must be able to prove three standards of criteria:
- You must show that the standard of care was breached and that your doctor made a mistake that a reasonable doctor would not have made.
- You need to show that your injury is a result of your doctor’s mistake.
- You must show the damages suffered from the mistake. This may include anything from death and serious injury to lost wages, medical bills, or agony. In many cases, proving these conditions of medical malpractice may require an expert witness such as a doctor for your case.
Statute Of Limitations
In addition to meeting the conditions for a medical malpractice claim, you must also follow the statute of limitations. Dictated by state law, a statute of limitations restricts the amount of time you have to file a medical malpractice suit. If a suit is filed after the permitted time, you may be ineligible to file your case.
Kuvara Law Firm Will Protect Your Rights
If you suspect medical malpractice may be to blame, contact the qualified and experienced medical malpractice attorneys at Kuvara Law Firm by phone at 1-800-4-INJURY as soon as possible. Your quick action is crucial to protecting your rights. We will evaluate your case at no cost or obligation to determine the best way to protect your legal interests and determine liability for your losses and suffering.
Our offices for medical malpractice are located in several cities across California including San Jose, San Rafael, San Francisco, Oakland, Sacramento, Walnut Creek, Pleasanton, Pleasant Hill, Vallejo, Fairfield, Santa Rosa, San Mateo, Redwood City, and Newark.