El Cajon Medical Malpractice Lawyer

El Cajon Medical Malpractice Attorney

We trust our healthcare providers, doctors, nurses, and medical staff to follow the legal and ethical standards set by national and state boards. We expect our conditions to be taken seriously and that our care is in the most experienced hands when we go under the knife. Unfortunately, medical errors and negligence can still happen. If your healthcare provider’s negligence or malpractice has caused you injury or harm, let an El Cajon medical malpractice lawyer represent you.

Injuries from medical malpractice or negligence can cause extra medical bills and lost wages, on top of the original condition that brought you to your doctor in the first place. If you were injured as a result of medical malpractice, hire a medical malpractice lawyer from the offices of Kenneth M. Sigelman & Associates to discover what compensation you might be due. With over 39 years of experience, our attorneys can review your case today.

Types of Medical Malpractice in California

In California, medical malpractice can take many forms. Medical negligence does not only happen with doctors, but it can also involve: 

• Nurses
• Anesthesiologists
• Technicians
• Therapists
• Chiropractors
• Healthcare facilities as a whole
• Pharmacies
• Manufacturers of medical devices and pharmaceuticals

Common types of medical malpractice in El Cajon include the following:

• Anesthesia errors. These can lead to severe brain damage or even death if too much or too little is administered during a procedure. Failing to monitor a patient undergoing anesthesia could be considered negligence.
• Birth injuries. These can cause harm to the mother or baby, such as improper use of tools during labor or negligence during the pregnancy.
• Delayed or missed diagnosis. This is the most common medical malpractice claim. It occurs when a healthcare provider fails to identify a condition that leads to delayed, incorrect, or no treatment.
• Failure to treat. This differs from delayed or missed diagnosis, as it occurs when a provider ignores the results of a test entirely, fails to properly treat the patient, or prematurely discharges them.
• Informed consent errors. These occur when a provider fails to explain the risks or benefits of a procedure, leading to a patient accepting or declining care they otherwise would not have.
• Medication or prescription errors. These take place when a pharmacy or doctor provides or prescribes the wrong medication or an improper dosage. They may also fail to review and consider reactions with the patient’s other prescribed drugs.
• Surgical errors. These include performing the wrong procedure and leaving foreign objects inside a patient.

How an El Cajon Medical Malpractice Lawyer Can Help

The experienced medical malpractice attorneys at Kenneth M. Sigelman & Associates work alongside qualified California medical professionals, who understand the complexities of medical malpractice law. We can review your case and navigate your medical malpractice case through:

• Establishing a duty of care between you and your healthcare provider
• Gathering and reviewing evidence, including speaking with witnesses and medical professionals, to prove that negligence was the direct cause of your harm or injury
• Reviewing and calculating all economic damages (medical bills, missed wages, and other injury-related expenses) and non-economic damages (pain and suffering)
• Negotiation or litigation in the San Diego County Superior Court to work toward a fair settlement

In California, medical malpractice laws allow three years from the injury or one year from its discovery to file a claim. You must also provide written notice to the healthcare provider or facility at least 90 days prior to filing. An El Cajon medical malpractice attorney can use their extensive knowledge and skill to show that your doctor or other provider’s care fell below the accepted standard of care.

FAQs

What Are the Four Proofs of Negligence?

In a negligence case, all four proofs of negligence must be established. These are:

• Duty of care. The defendant had an obligation to act with reasonable care.
• Breach of duty. The defendant failed to meet the standard of care.
• Causation. The defendant’s failure to meet the standard of care resulted in injuries to the plaintiff.
• Damages. The losses suffered by the plaintiff as a result of the defendant’s failure to meet the standard of care are measurable.

What Is the Average Medical Malpractice Settlement in California?

Every medical malpractice case is different and unique to the individual. Less severe injuries will typically have a lower settlement than a medical malpractice case with more severe injuries or one that involves the death of a patient. Per the Medical Injury Compensation Reform Act (MICRA), non-economic damages in California are now capped, with annual increases adjusting for inflation until 2033. Medical expenses, lost wages, and rehabilitation are not subject to the caps set by MICRA.

What Qualifies for Medical Malpractice in California?

Medical malpractice in California is defined as a healthcare provider breaching the accepted standard of care, causing injury or death to their patient. Medical malpractice can occur when there is an established doctor-patient relationship, and a negligent act by the doctor results in either economic or non-economic damages. Common medical malpractice cases include errors in diagnostics, surgery, and prescriptions, along with violations of informed consent.

Is It Worth Filing a Claim Against a Doctor for Medical Malpractice?

If you have suffered damages due to the medical negligence of your healthcare provider, you might be owed compensation for damages. A medical malpractice attorney can review your case and work toward a settlement that covers any medical bills, lost wages, and non-economic damages you suffered due to your injury. Holding a negligent provider accountable could also keep others from suffering the same negligence in the future.

Hire a Medical Malpractice Lawyer

With a current, ongoing rise in liability insurance premiums, up 49.8% in 2024 and continuing to grow, it is no surprise that medical malpractice cases can be difficult to pursue without the experience of a medical malpractice lawyer at your side. The attorneys at Kenneth M. Sigelman & Associates can push back against the insurer and your healthcare provider’s legal representation.

If you have been injured due to medical malpractice or negligence, you might be owed a comprehensive settlement that can help you cover any medical bills, missed wages, or compensation for pain and suffering. Contact Kenneth M. Sigelman & Associates today to find out more.