MHave you experienced medical malpractice due to an error made by a doctor, surgeon, nurse, or another physician? Fortunately, if you have experienced medical malpractice, you may be able to sue the doctor, hospital, or clinic responsible for your damages. Medical malpractice can result in any number of injuries like spinal cord damage, brain damage, and even wrongful death. If you or a loved one have suffered damages as a result of medical malpractice in the city of Visalia or the greater surrounding county of Tulare California, you may be eligible to collect monetary compensation to cover all of the damages suffered. However, when filing a lawsuit against a doctor or hospital, it is always in your best interest that you seek legal representation from an experienced medical malpractice lawyer in Tulare and Visalia. At Normandie Law Firm our Visalia and Tulare County attorneys have a wealth of experience in representing medical malpractice cases and are committed to ensuring that you receive all the resources to earn the compensation that you deserve for your damages. If you have any questions after reading this article, please feel free to reach out to our law offices for a free consultation from one of our well-versed legal advisors.
Medical Malpractice in Visalia and The Greater Tulare County
Medical malpractice can include any medical error. These errors can include things like surgical errors, doctor errors, surgery mistakes, a botched surgery, medication mistakes, or any other kind of hospital or physician error. Victims of medical malpractice often experience damages beyond just physical injury as well. Typically the medical treatment which they were administered can cost a significant amount of money, and the treatment needed to correct the medical mistake can add to this financial burden. Fortunately, victims of medical malpractice in either Visalia or Tulare County can sue their physician for their actions with the help of a Visalia and Tulare medical malpractice law firm.
Tulare County is located in the middle of California’s agricultural Central Valley. Based on a 2010 Census approximately 59,000 people live in Tulare County. The area is known as a bustling agricultural hub for the rest of the California state. One of the most significant cities in Tulare County and the Tulare county seat is the city of Visalia. Visalia is the 44th most populated city in the state of California with approximately 130,000 people calling the city limits home. Visalia is also located not far from popular national parks Yosemite, Sequoia and King’s Canyon. Unfortunately, though, medical malpractice can occur in Tulare County and Visalia just as commonly as it can occur elsewhere in the state of California.
If you are a victim of medical malpractice in Visalia and Tulare County, you may wish to file a medical negligence lawsuit against the physician responsible for your damages. When filing your lawsuit, it is highly recommended that you can identify what kind of medical malpractice you experienced. While there a multitude of forms of medical malpractice we’ve included some of the more common forms below for your reference:
- Misdiagnosis: A misdiagnosis can include a missed or delayed diagnosis of a medical condition. In some cases, health conditions require immediate and effective treatment for a patient to reach a state of recovery. If a patient is diagnosed improperly, they could miss that window of effective treatment and be left with damages that otherwise would have been treated. When proving a misdiagnosis case, you must prove that another, more competent doctor in the same field would have been able to diagnose the condition. If this is the case, you may be able to sue your health care provider for their malpractice.
- Childbirth Injuries: Childbirth is a highly sensitive process, which if done improperly can result in some truly grueling damages to both mother and child. Some of these damages can include brain injuries, fractured bones, or even paralysis. If your physician’s negligent actions or errors caused any of these or similar conditions to the mother or child, or they failed to treat these conditions, you may be able to sue for childbirth medical malpractice.
- Medication Errors: Receiving the right medication for a patient’s condition is critical to their recovery. Unfortunately, errors in medication occur more commonly than any other form of medical malpractice. A medication error can occur at any stage of the treatment process from the initial prescription to a pharmacist administering the medication. If this is the case for you, you may be able to sue your medical provider for their negligence in delivering and administering your medication.
- Anesthesia Errors: Anesthesia is an incredibly sensitive process, that if done improperly can result in brain injury or even death. Some of these errors in anesthesia can include: failing to properly review a patient’s allergy record, failing to inform a patient of the risks, or administering far more anesthesia than is necessary. Often anesthesia errors are far more damaging than even surgical errors, and if you believe this kind of error is evident in your case you may be able to file, a lawsuit against the medical professional responsible.
- Surgical Errors: A surgical error can range from performing the wrong treatment to leaving surgical equipment inside the body. The damages from surgical errors can range dramatically, from organ perforation to death. In surgical malpractice, the surgeon, doctor, or nursing staff could all be held liable for the damages.
As well as being able to identify how your case of medical malpractice occurred an experienced medical malpractice attorney will also recommend that you can identify the specific injuries you endured as a result of the physician’s negligence. The injuries from medical malpractice can vary drastically, from broken bones to traumatic brain injury. Listed below are some of the common injuries that victims of medical malpractice can experience:
- Internal Bleeding
- Having medical equipment left inside of a patient
- Traumatic Brain Injury
- Spinal Cord Damage
- Organ perforation
Suing for medical malpractice can be somewhat challenging, as in most cases hospitals and physicians have the resources to employ a whole host of legal experts ready and willing to dispute your claims. As a victim, you are also expected to provide expert testimony proving that your doctor, surgeon, or nurses’ actions were negligent and broke the standard of care all medical professionals are expected to provide. For this reason, having a surgical, emergency room, doctor, or hospital malpractice lawyer by your side can make all the difference in the eventual outcome of your case.
The Process of Filing A Lawsuit Against A Medical Professional
While suing a doctor, hospital, emergency room or another form of physician can be challenging, it is far from impossible. With the right resources, and the right guidance you can earn full compensation for all of the damages that you have endured. One of the most crucial factors in filing a lawsuit against a medical professional is having suitable evidence. Often an experience medical malpractice attorney will recommend you gather some of the following evidence to support your claims:
- Expert testimony from other medical professionals in a similar field
- Medical records that detail your specific injuries
- Photographs or video footage that detail your damages
- Medical bills that show the financial damages inflicted as a result of the medical malpractice
As mentioned before one of the most significant aspects of filing your case is being able to collect expert testimony. Expert testimony in medical malpractice cases is typically obtained from other doctors or physicians in a similar field with a reasonably similar level of skill. Essentially this expert testimony is intended to show that your physician failed to administer the standard of care another reasonably competent medical professional. This evidence must then be used to prove the negligence of the physician, hospital, clinic, or emergency room. You must also be able to prove that the physician’s specific negligent actions directly led to your injuries. The key elements in filing a claim of negligence against a physician are as follows:
The existence of a doctor-patient relationship: Patients who think they have experienced medical malpractice in the emergency room must be able to prove that there was a physician-patient relationship. This relationship essential means that there was an agreement wherein the patient agreed to be treated, and the physician agreed to treat said patient.
- The physician’s negligence: The patient must be able to prove that the doctor or physician’s negligence caused the damages endured. The physician’s care is not expected to be perfect; however, it must at least meet a medical standard of care. This is where expert testimony comes into play, as you must be able to prove that your physician’s care did not meet the care of another reasonably competent and skilled physician.
- The physician’s negligence caused the injury: The patient must be able to show that it is ‘more likely than not’ that the physician’s specific actions directly caused the injury the patient is suffering from. To do this, a patient must retain a medical expert to testify that the physician’s negligence caused the injury
- The injury led to specific damages: The patient must be able to prove that they have suffered specific damages caused by the injury. Some of these particular damages include: physical pain, mental anguish, medical expenses, lost work, or lost earning capacity.
Filing a medical malpractice lawsuit also has some other legal hurdles and characteristics that add to the challenge of bringing a successful case to court. Fortunately, with the help of a well-versed surgical, medical, and clinical malpractice lawyer you can better navigate the following:
The statute of Limitations: The statute of limitations that surround any case is the specific deadlines wherein you can bring their case to court. If this deadline is ignored, then it is likely that you could find your case dismissed entirely. In most states, the time for bringing a medical malpractice case forward, is somewhere between six months and two years (depending on the state) a lawyer will help in determining the best time to submit your case.
Medical Malpractice Review Panels: Some states require that injured patients submit their claim to a medical malpractice review panel. This panel is made up of medical experts who will hear your argument, review the evidence and expert testimony, then decide whether malpractice is evident in your case. This panel does not award damages to patients. However, it is an obstacle that must be overcome to take your medical malpractice case to court.
- Special Notice Requirements: In some states, patients are required to give the physician a notice of the malpractice claim in the form of a basic description. This is done before a patient can file anything.
- Expert Testimony: In medical malpractice cases, expert opinions are crucial to the success of a case. State rules vary in determining what makes an individual qualified to provide this testimony, but in most cases, it is someone who has experience in the same field of medicine that involved the patient’s injuries.
- Limits on damage awards: Some states establish a limit on the amount of money that a patient can be awarded for their damages. Seeking legal assistance can help in determining if this award cap applies to you and your case.
While you have every right to represent yourself and your case in court, the best way to guarantee that you earn the compensation you deserve for your damages is to seek the legal guidance of an attorney experienced in handling cases of this nature. Having the right attorney on your side can make the difference between earning a significant settlement payout, and having your case dismissed from court entirely.
How Normandie Law Firm Can Help
If you or a loved one have experienced medical malpractice in the hospital, emergency room, clinic, pharmacy, or any other kind of medical facility you may be eligible to file a lawsuit against the physician responsible for your damages. When filing these lawsuits, it is in your best interest that you seek legal guidance from an attorney that has expertise in fighting for the rights of those damaged by medical malpractice. At Normandie Law Firm, our skilled Visalia and greater Tulare County medical malpractice attorneys can guide you through the process of building your case, filing your claim, and receiving the settlement payout you deserve for your damages. If you file a claim with our experienced Visalia and Tulare County law firm, you may earn some if not all of the following compensable damages:
- All of you medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
Victims of medical malpractice can contact our law offices to learn more about how to receive compensation for their injuries. While our law firm is based near Visalia in Tulare County, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Los Angeles, Riverside, Fresno, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
