When patients are admitted to the hospital, there is a common expectation that they will be released having received treatment that at least marginally improved their condition. Unfortunately, that is not always the case. Sometimes patients can go into a hospital with a poor condition and are released feeling far worse. While not every treatment is a success, there are times when less than stellar results are caused by the negligence of a medical professional at the hospital, clinic, or another form of medical facility. If you have been injured because of the hospital’s negligence, you can file a medical malpractice lawsuit against them for the damages that you have had to endure. Although, like most lawsuits, it is incredibly important not to do it alone. At the top-rated Normandie Law Firm, our skilled Los Angeles hospital medical malpractice attorneys can guide you through the process of building your case and filing your claim. If you have any questions after this article, please feel free to contact our law offices for a free consultation. An expert lawyer experienced in medical malpractice cases will be able to assist you.
Medical Malpractice & The Hospital
Medical malpractice is defined as a medical mistake made by a physician responsible for the care of the affected patient. These medical mistakes can involve anything that deviates from the standard of care all medical professionals are required to provide to their patients. For medical malpractice to be deemed a viable case in court, the patient must have been directly harmed by the actions of the physician that provided care. Medical malpractice can occur during any procedure, from treatments as simple as being prescribed a minor painkiller to intensive open heart surgery. It can also occur anywhere, from the corner street clinic to the crowded emergency room. However, for the sake of this article, we will be focusing on medical malpractice incidents that occur in the hospital and how best to pursue legal action for the damages endured. Listed below are some of the mistakes a physician can make while providing care for a patient:
- Failure to treat
- Missed diagnosis
- Understaffing
- Inadequate training of personnel
- Medication errors
- Unsanitary conditions
- Inadequate diagnostic tools
- Patient “dumping.”
- Wrong Diagnosis
- Failed to Diagnose
- Birth Injury
- Object left inside patient
- Surgery errors
These are just some of the errors a doctor can make in a hospital. However, no matter the circumstances, if you were sent home and your condition worsened, or if intended reparative surgery caused more harm than good you may be eligible to file a medical malpractice lawsuit against the hospital responsible for your damages. Some of the injuries that a patient can receive from a medical malpractice incident can be incredibly severe, some of them are even life-threatening. Listed below are some of the common injuries that a patient can endure as a result of medical malpractice in the hospital:
- Appendicitis
- Stroke
- Brain aneurysm
- Pulmonary embolism
- Internal bleeding
- Hemorrhaging
Hospital medical staffs and all other physicians are expected to uphold a level of care for their patients. Whenever this standard of care is breached due to an act of negligence or a direct intent to cause harm, a medical malpractice lawsuit can be filed against the hospital that issued this poor treatment. An accomplished attorney with experience handling medical malpractice claims can help you.
Can You Sue The Hospital For Damages?
Hospitals and the physicians that serve in them are expected to provide their patients with a level of safety and security that can best ensure full treatment and a proper recovery. In the event that this standard of care is not upheld, the damaged patient has every right to sue the hospital, or hospital doctor for injury compensation. Filing a medical malpractice lawsuit can prove to be incredibly challenging, however, as there are a variety of expectations that must be met in order to file the lawsuit successfully. One such important expectation is proving a claim of negligence. A claim of negligence is essentially a way for a plaintiff to prove that the physician’s actions breached the standard of care and that they led to specific injuries. The key components of a claim of negligence are as follows:
- The existence of a doctor-patient relationship: 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 be reasonably skillful and careful. Almost all states across the U.S require that the patient present a medical expert in court as to discuss what the appropriate medical standard of care should have been, and how the defendant breached that standard
- 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. In order to do this, a patient must retain a medical expert to testify that the physician’s negligence caused the injury
- Injury led to specific damages: The patient must be able to prove that they have suffered from specific damages caused by the injury. Some of these specific damages include: physical pain, mental anguish, medical expenses, lost work, or lost earning capacity
While a claim of negligence is incredibly important to any successful medical malpractice case, the best way to win your case is to retain the assistance of a medical malpractice attorney. An experienced attorney can help you sue the hospital for the misdiagnosis, inadequate treatment, or any other form of medical malpractice that you have experienced. A attorney can also help you navigate some of the more subtle requirements that surround every successful medical malpractice case. Some of these underlying complexities include:
- Statute of Limitations: The statutes of limitations that surround any case are 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: A number of 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 in order 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
Having a qualified attorney with expertise in medical malpractice injury lawsuits on your side can mean the difference between filing a successful medical malpractice lawsuit against a hospital, and having your case dismissed from court entirely.
How Normandie Law Firm Can Help
If you’re looking for a hospital medical malpractice attorney in Los Angeles, you have found the right place. At Normandie Law Firm, one of the top firms in the city, our attorneys with experience in medical malpractice cases can assist you in claiming compensation for the damages that you have endured. If you file your malpractice lawsuit claim against a hospital with us, you may find some, if not all, of the following damages compensated to you:
- Past & Future medical expenses
- Loss of wages
- Loss of potential future income
- Emotional Damages (Depression, anxiety, PTSD, etc…)
- Pain & Suffering
- Punitive damages
Contact our law firm today, and we can help you sue not only the doctor but also the hospital for which doctor works in. While our experienced lawyers are based out of Los Angeles, we also practice in San Jose, Oakland, San Francisco, Sacramento, Fresno, San Diego, Orange County, Stockton, Bakersfield, and throughout the entire state of California.
FREE CONSULTATION: 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. Call now for a free consultation by an attorney who has eperience in medical malpractice claims, and we can guide you down the path of receiving proper compensation for your damages.
LIST OF HOSPITALS IN SOUTHERN CALIFORNIA:
- Lawyer for Medical Malpractice Lawsuit against UCLA Medical Center (MC)
- Lawyer for Medical Malpractice Lawsuit against Cedars-Sinai MC
- Lawyer for Medical Malpractice Lawsuit against Hoag Memorial Hospital Presbyterian
- Lawyer for Medical Malpractice Lawsuit against Huntington Memorial Hospital
- Lawyer for Medical Malpractice Lawsuit against Keck Hospital of USC
- Lawyer for Medical Malpractice Lawsuit against UC Irvine MC
- Lawyer for Medical Malpractice Lawsuit against Long Beach Memorial MC
- Lawyer for Medical Malpractice Lawsuit against Providence Little Company of Mary MC Torrance
- Lawyer for Medical Malpractice Lawsuit against St. Joseph Hospital
- Lawyer for Medical Malpractice Lawsuit against St. Jude MC
- Lawyer for Medical Malpractice Lawsuit against Kaser Permanente Los Angeles MC
- Lawyer for Medical Malpractice Lawsuit against Providence Holy Cross MC
- Lawyer for Medical Malpractice Lawsuit against Kaiser Permanente Anaheim MC
- Lawyer for Medical Malpractice Lawsuit against Orange Coast Memorial MC
- Lawyer for Medical Malpractice Lawsuit against Torrance Memorial MC
- Lawyer for Medical Malpractice Lawsuit against Adventist Health Glendale
- Lawyer for Medical Malpractice Lawsuit against Mission Hospitals, Mission Viejo and Laguna Beach
- Lawyer for Medical Malpractice Lawsuit against Kaiser Permanente Downey MC
- Lawyer for Medical Malpractice Lawsuit against Kaiser Permanente South Bay MC
- Lawyer for Medical Malpractice Lawsuit against Providence Tarzana MC
- Lawyer for Medical Malpractice Lawsuit against Providence St. John’s Health Center
- Lawyer for Medical Malpractice Lawsuit against St. Vincent MC
- Lawyer for Medical Malpractice Lawsuit against Centinela Hospital MC
- Lawyer for Medical Malpractice Lawsuit against AHMC Anaheim Regional MC
- Lawyer for Medical Malpractice Lawsuit against Alhambra Hospital MC
