Medical malpractice can occur at any time, but many people are not aware of it when it does happen. Likewise, they tend to misattribute other damages to medical malpractice, or an error by the doctor. Learning more about what constitutes medical malpractice is important, as you may believe you are not entitled to damages that you can actually earn. At Normandie Law Firm, one of the top-rated firms in the city, we make it a point to educate our clients about parts of the law that may seem difficult to understand. We want anyone who has suffered damages by a doctor’s hand to be able to receive fair compensation. If you are the victim of an injury from a medical error or doctor error, you should contact a medical malpractice attorney in San Bernardino to file a lawsuit. Our clients call us with questions about medical malpractice and the legal process behind. They ask us other questions as well, including:
- Where can I find a San Bernardino surgical error lawyer?
- Who are the best San Bernardino medical malpractice lawyers?
- Can I sue the hospital for medical malpractice?
Basic Information about Medical Malpractice
In essence, medical malpractice occurs when a doctor, nurse, medical staff member or technician, or other healthcare professional acts in a negligent manner that other individuals in the same or similar position would not have. This negligence must have other factors around it before it can be labeled medical malpractice, however.
The requirements of a medical malpractice claim are similar to those of a personal injury claim in that both feature cares of duty; however, the crucial difference between the two involves the nature of the relationship between the two parties. A medical malpractice claim must first have the following:
- Established relationship between a patient and a doctor (or similar healthcare professional). A relationship is described as the two coming to an agreement; the patient may pay the doctor for his services, thus creating a mutual benefit for both individuals. If a doctor merely offers his advice and the patient walks away with an injury, the doctor cannot be sued for medical malpractice, as no agreement or relationship had been established.
- The doctor acted negligently. In order to determine if a doctor did in fact act negligently, various other expert doctors will give their input. They will claim whether or not they would have acted the same as the doctor in question if placed in that situation. These opinions are meant to show what a competent professional would have done; if the majority of fellow doctors agree that they would have performed the same actions as the would-be defendant, there is no case for a medical malpractice claim.
- The negligent action led to an injury. While receiving treatment from a doctor, you are likely already injured; an additional injury caused by the doctor’s negligence would fulfill this third point. A surgical error, botched operation, or incorrect diagnosis could be pointed to under this qualification.
- The injury caused real physical harm. This is a key point that some clients misinterpret. If there were no real harm done, then there is no chance for a medical malpractice claim. It is necessary for some kind of damage to have occurred or the doctor or responsible party cannot be sued. Some would say that an injury itself is evidence of harm, but that is not always the case in medicine. For example, a doctor may prescribe you the wrong medication, which can lead to adverse side effects, such as nausea, vomiting, and sleeplessness. These temporary effects are not harmful injuries and would likely not be considered serious.
A medical malpractice lawsuit cannot be filed without the existence of these four points of negligence. Many individuals have prepared whole cases and envisioned verdicts of millions of dollars only to have their claims dismissed because there was no real harm done. An experienced attorney can help you make sure that your claim is not thrown out.
Common Locations of Medical Malpractice
Because doctors are not the only ones who are capable of committing medical malpractice, professionals in other places and positions can be held accountable in the same ways.
Of course, most medical malpractice claims occur in the hospital. Some common examples include:
The surgery room, which is where a botched surgery or surgery error can happen. There are numerous individuals present during an operation, including doctors, nurses, medical technicians, and hospital staff. The more people there are present at an operation, the more likely it is that a surgery mistake will occur. A doctor may make the wrong incision during a brain surgery and cause a brain injury, for instance, or a nurse may inject the wrong amount of medication or drugs into a patient’s bloodstream. Assistants may not properly sterilize medical equipment, which can lead to infections.
The emergency room, due to its hectic nature. Emergency technicians and surgeons are usually racing against the clock and operating on extremely sensitive areas on patients. Some doctors, in the chaos of the moment, will make mistakes and potentially cause a devastating result. In many cases, patients in hospitals are given admissions paperwork that tells them that the doctors present at this facility are not a part of hospital staff; as a result, you cannot sue the facility for hospital malpractice or hospital error. However, due to the nature of the emergency room, not all patients can be made aware of this fact. Therefore, in the case of emergency room malpractice, an injured patient could very well sue the emergency room or the hospital itself.
Specific treatment centers, which feature nurses and medical professionals. Burn centers often have numerous kinds of medication present which are administered to victims to help the injuries. A nurse who gives too much medication runs the risk of causing the patient to overdose. Likewise, there are certain facilities that exist for specific procedures. Endoscopy centers have employees who may cause damage to the throats and intestines of patients, while physical therapy centers have medical staff who can cause additional damage to joints and muscles.
No matter where the injury occurs, you can find a qualified lawyer experienced in medical malpractice cases in San Bernardino to sue a doctor for errors.
Statute of Limitations
The statute of limitations for filing a medical malpractice claim is different from the amount of time given to personal injury claims. If you were injured as a result of a doctor’s negligence, you have 1 year from the discovery of the injury to file a claim, or 1 year from when you should have reasonably discovered the injury. If you do not discover the injury, you have 3 years to file a claim. However, if a foreign object was left in your body, recent California law dictates that there is no time limit to which you can file for medical malpractice.
There are exceptions to this statute, of course. Though some are rare – the country enters a state of active war or the doctor relocates for an extended period of time – some are common. In the event that a minor is injured due to a healthcare professional’s negligence, the statute of limitations would not start until the minor turns 18 years old. His parents or guardians can file a claim on his behalf, but he himself would be able to file a lawsuit against the doctor years after the injury occurred provided he was underage at the time.
An accomplished lawyer with experience in handling medical malpractice claims can make sure you do not miss the statute of limitations.
Your Compensation
The majority of medical malpractice claims allow you to recover the costs of your medical bills. There is generally little to no ability to receive compensation for property damage. There are some crucial points to take note of, however.
With respect to medical bills, you can be reimbursed for the expenses you racked up while at the hospital. This includes surgery costs, medication fees, hospitalization, and more. You may be covered for both past bills and future bills if the new injury requires you to continue to receive medical treatment. There is no upper limit on this form of compensation; you have the potential to earn as much as your medical expenses cost.
Regarding lost wages, you may have spent time away from work due to your injuries, and will need to spend time away in the future. You can be reimbursed for this lost income of both the past and future form in a medical malpractice claim.
Pain and suffering damages can also be earned, but it should be noted that you cannot recover any more than $250,000 for them. This cutoff was put into place by MIRCA. Regardless, you can earn compensation for fear, anxiety, mental stress, emotional damage, psychological troubles, and PTSD.
Punitive damages are given out when the defendant acts in gross negligence or with the intent to cause harm. They are merely additional monetary compensation that acts as a punishment for the defendant. These damages are very difficult to argue for, however, and only a skilled attorney who has experience in medical malpractice claims dealing with gross negligence will be able to win them for you.
Normandie Can Assist You
If you are in need of a San Bernardino law firm for medical errors, you can look no further. Normandie Law Firm, one of the top firms in California, is here to help bring you the compensation you deserve for damages sustained at a hospital due to a doctor’s errors. We can help you file for medical malpractice, wrongful death, and more. Our experienced lawyers are willing to aggressively fight for your rights as a victim and will stop at nothing to win you a settlement or a positive verdict.
FREE LEGAL CONSULTATION: Call us today to receive a free legal consultation about your case. An attorney with expertise in medical malpractice claims will talk you through the legal process and answer any questions you have. You will be told what we believe we can earn for you and what we will need in order to emerge victorious. An attorney with expertise in medical malpractice injury lawsuits will be able to assist you.
All of our clients are given a zero fee guarantee when they hire us for legal representation. This means you are promised to not pay any out of pocket expenses at all throughout the litigation process. If we win your case, our fees come from the settlement itself; the defendant, therefore, pays your attorney’s costs. If we lose, you do not owe us a nickel. We do this to guarantee that your financial security is kept stable.
To speak to an expert attorney with experience in medical malpractice cases, contact Normandie Law Firm right away.
List of Major Hospitals in San Bernardino
- St. Bernardine Medical Center
- Community Hospital of San Bernardino
- St. Bernardine Urgent Care Center
- Clinica Medica Centro Hispano
- Ballard Rehabilitation Hospital
- Community Hospital of San Bernardino
- Community Hospital of San Bernardino Neurological Care Services
- St. Bernardine Medical Center Wound Healing Center
- Loma Linda University Medical Plaza
- Molina Medical Clinic – San Bernardino
- Kaiser Permanente Fontana Medical Center
- Molina Medical Clinic – Fontana
- Inland Empire Spine & Rehabilitation Medical Center
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