When going into a hospital for treatment, very few people expect to leave with a worsened health condition. Unfortunately, sometimes this is the case. Mistakes can happen, and when they do in hospitals, ER rooms, or clinics, victims can be left with some truly devastating damages. Fortunately, if you experienced medical malpractice as a result of medical error, surgical mistake, hospital error, or a botched operation, you may be eligible to file a claim for significant monetary compensation. However, it is important to note that suing a doctor, hospital or clinic can be somewhat challenging to do alone. For this reason, if you experienced medical malpractice in the city of Stockton it may be in your best interest that you seek legal representation from an experienced Stockton law firm. At Normandie Law Firm our Stockton attorneys have a wealth of experience in representing medical malpractice cases and are committed to ensuring all of our clients receive the resources they need to earn the compensation they deserve for their damages. If you have any questions after reading this article, please feel free to reach out to our Stockton medical malpractice law firm for a free consultation from one of our many well-versed legal advisors.
Medical Malpractice in Stockton
Things like medical errors, mistakes in surgery, a botched surgery or a misdiagnosis can all be considered medical malpractice. Medical malpractice can occur in emergency rooms, hospitals, or even your local pharmacy. The damages from medical malpractice can vary dramatically and in some severe cases can be life-threatening. Unfortunately, medical negligence can occur in the city of Stockton just as easily as it can occur in other cities across the state of California.
Stockton is located in California’s Central Valley and is one of many significant agricultural hubs in the area. Based on a 2016 census the city is home to approximately 315,000 people and is expected to grow in coming years. Not far from cities like San Francisco, Fresno, or Sacramento, Stockton gets many visitors as well. Fortunately, if you experienced some form of medical error, hospital malpractice, or emergency room malpractice in Stockton, you may be eligible to file a lawsuit against the doctor or hospital responsible.
When filing these lawsuits, it is crucial that seek legal representation from a medical malpractice lawyer in Stockton. In most cases, doctors, hospitals, and other medical facilities have the resources to retain their skilled defense attorneys to dispute your case. With the right attorney by your side, you can better prove the existence of your damages and receive the compensation you deserve.
When filing a medical malpractice lawsuit, it is critical that you can identify how your medical provider failed to live up the standard of care all medical professionals are expected to uphold. The standard of care is a reasonable level of care that other medical professionals in a similar field would be able to administer. In order to give you an idea of what kind of mistakes and errors can occur while under the care of a doctor, surgeon, or other physician, we’ve included a list of some of the common kinds of medical malpractice below:
- Misdiagnosis: A misdiagnosis can include a missed or delayed diagnosis of a medical condition. In some cases, health conditions require immediate and effective treatment in order 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.
Regardless of what kind of medical malpractice you experienced, you have every right to sue your medical provider for their negligent actions. Medical professionals are expected to uphold a certain level of care to all of their patients, and when they fail to uphold this standard, they can be sued for the damages. However, suing a doctor, surgeon, nurse, or hospital for their actions can be far more challenging than it may first appear. For this reason, it is highly recommended that you seek legal representation from a skilled surgical, hospital, nursing, or doctor error malpractice lawyer. While every individual has a right to represent themselves in court, the best way to guarantee a satisfactory outcome for your case is to receive skilled and experienced legal guidance.
Suing For Medical Malpractice
As mentioned prior, filing a lawsuit for medical malpractice can be somewhat challenging. When filing these lawsuits, it is crucial that you have substantial evidence to support your claims. This evidence can include items like:
- 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
This evidence can then be used to support your claims of the doctor’s or physician’s negligence. One piece of evidence is far more important than all the others, and that is a substantial expert testimony. While you may be able to prove that a physician’s treatment led to your injuries, you cannot technically sue said physician if you do not have effective expert testimony.
Once you have gathered your evidence, you must then be able to prove the negligence of the physician which treated you. You must also prove that the physician’s negligent actions directly led to your damages. The key components of a claim of negligence are bulleted 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.
When attempting to sue your doctor, surgeon, nurse or physician for negligence there are some characteristics to medical malpractice lawsuits that you should be made aware of. While you have every right to navigate these legal processes on your own, the best way to guarantee a positive outcome to your case is to consult a medical malpractice lawyer in Stockton who is well versed on the following subjects:
- 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.
Medical malpractice can result in some severe damages, from fractured bones to death. Victims who experience medical malpractice should be granted all the compensation they deserve to cover their damages. This monetary compensation can cover damages such as medical expenses, a loss of wages, a loss of potential future wages, emotional distress, and any pain and suffering. The best way to guarantee that you find all of your damages covered and paid for by a lawsuit settlement is with the help of a skilled attorney. Having an experienced medical malpractice attorney on your side can mean the difference between having all of your damages covered, 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 Stockton 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. 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 Stockton, 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.
