Thousands of people trust all types of medical professionals to provide safe and effective treatments every day. While most medical professionals uphold their responsibilities and do the best they can for every patient, others, unfortunately, do not meet the standards of care their patients require, sometimes causing extreme harm. Medical malpractice occurs whenever a medical professional injures a patient through gross negligence, intentional misconduct, or any failure to meet the patient’s standard of care that another similarly skilled doctor could have avoided.
Compassionate Legal Counsel for Los Angeles Medical Malpractice Claims
If you believe you or a loved one recently suffered an injury because of a medical professional’s negligence, you may have grounds for a malpractice claim. A Los Angeles medical malpractice attorney is the best resource to consult in this situation, and it’s vital to speak with a trustworthy and experienced attorney as soon as possible if you want the best chance of success with the recovery efforts ahead of you.
The attorneys at Kenneth M. Sigelman & Associates have years of professional experience representing clients throughout the Los Angeles area. Attorney Sigelman has an MD along with his law degree, making our team the leading choice for legal representation in any medical malpractice case or personal injury case involving complex medical issues. When you choose our firm to represent you in a medical malpractice case, we will do everything we can to navigate your case as efficiently as possible and maximize the final recovery you obtain.
Understanding Medical Malpractice Personal Injury Cases
While it’s possible for medical malpractice to occur in many different ways, one common factor among all medical malpractice cases that unfold in California courts is the importance of the standard of care. The professional medical community reaches a consensus on all medical ailments by careful review of the latest medical research and scientific findings. When a patient seeks medical care for any condition, their attending medical team must meet the standard of care their condition dictates. A physician or other medical professional may only stray from the standard of care in light of unique factors, such as a patient’s drug allergy or preexisting condition.
Medical malpractice occurs whenever a medical professional knowingly violate their patient’s standard of care. Malpractice may also involve egregious negligence, such as operating on the wrong body part or performing the wrong procedure on the wrong patient. Intentional misconduct that leads to patient harm could also lead to not only a malpractice lawsuit but criminal charges against the doctor, and they may lose their medical license as well. For example, refusing to treat a patient for a discriminatory reason or performing a procedure under the influence of drugs would lead to severe penalties for the medical professional.
Regardless of the nature of your medical malpractice case, it is crucial to have an experienced attorney you can trust representing you if you want the best chance of success with the claim. You must not only prove that medical malpractice caused your damages but also meet various prerequisites for filing your case correctly. For example, you must not only file your claim within the state’s two-year statute of limitations but also provide advance notice of your intent to file the claim to the defendant prior to actually filing the case. Additionally, you must secure a sworn statement from a medical professional who holds a similar level of qualification to that of the defendant, explaining exactly how your situation constitutes an injury from medical malpractice and how the defendant failed to meet the standard of care you required.
Common Types of Medical Malpractice Claims in Los Angeles
If you are unsure whether a recent experience constitutes medical malpractice, an experienced attorney is the best resource in this situation. Our team has helped many clients with a wide range of medical malpractice claims, enabling us to address the unique details of your situation efficiently. Medical malpractice can happen in various ways, and a few of the most common causes of this type of case include:
- Prescription medication errors. Malpractice occurs whenever a prescribing physician makes any mistake in writing a patient prescription that causes harm to the patient. It is also possible for this type of case to focus on a pharmacist who incorrectly filled a patient prescription.
- Informed consent violations. All patients have the right to informed consent, meaning their care team must explain the potential risks and benefits of every suggested treatment option, so the patient is fully aware of their options.
- Misdiagnosis/delayed diagnosis/failure to diagnose. Any physician responsible for diagnosing patients’ conditions must use an appropriate diagnostic method to ensure the accuracy of their results. Medicine is uncertain in various ways, and many medical conditions mimic the symptoms of others. However, any diagnostic error resulting from negligence or incompetence that results in patient harm is likely to generate a medical malpractice claim.
- Surgical errors. Surgeons have very demanding job responsibilities, and there is a level of risk associated with every medical procedure performed every day. However, when a surgeon operates under the influence or while fatigued, or when they fail to perform a surgery correctly or injure a patient internally, this can lead to a malpractice claim. It is also possible for a surgical error claim to pertain to surgical instruments left inside a patient.
- Birth injuries. Some of the most tragic medical malpractice cases filed in the United States pertain to injuries to children during childbirth. Whenever an attending medical professional fails to adhere to the standard of care for the patient’s condition and a child and/or their mother suffers an injury, the effects may be permanent, and the family can face tremendous medical expenses for managing the condition.
- Hospital malpractice. It’s possible for a hospital to face liability for the actions of their employee or for failing to uphold necessary health and safety regulations. If you or a loved one suffered an injury from negligent or abusive hospital staff, or if you acquired an infection or illness due to the hospital’s failure to ensure clean premises, these issues can form the basis of a hospital malpractice case.
- Anesthesia errors. Whenever a patient needs anesthesia of any kind, their care team must follow the appropriate standard of care. This typically entails a careful review of the patient’s medical history, identifying potential interactions or allergic reactions, and ensuring appropriate dosages. Any type of negligence during the administration of anesthesia can lead to organ failure, brain damage, and a host of other potential complications.
Whatever your unique medical malpractice claim entails, it is essential to have legal representation you can trust. Kenneth M. Sigelman & Associates will carefully review the details of your situation, help you identify your key areas of concern as the case unfolds, and guide you through the proceedings necessary for holding the defendant accountable for the damage they’ve done to you and your family.
Compensation for Medical Malpractice
California’s personal injury statutes are quite flexible in terms of the compensation a plaintiff can typically seek from a defendant. However, while medical malpractice is technically a form of personal injury, the state enforces specific laws that pertain solely to medical malpractice claims. Specifically, the plaintiff must meet a few procedural prerequisites before filing their claim, and any pain and suffering compensation they intend to seek from the defendant will be capped at $250,000 regardless of the severity of their condition.
Economic damages are not capped for California medical malpractice plaintiffs. This means you have the right to seek full repayment for any and all economic losses the defendant caused you to suffer. They are responsible for any and all corrective medical care you require to fix the damage done by their negligence. You can also seek full repayment of all your lost income for the time you were unable to work in recovery. In the event the defendant has caused a permanent disability of any kind, you can hold them accountable for ongoing medical treatment costs, lost future earning potential, and your diminished ability to live independently.
The defendant responsible for your malpractice injury faces liability for your civil damages; they are also likely to face professional discipline as well. Serious incidents of medical malpractice can lead to the loss of their medical license and even criminal prosecution, especially if they engaged in any intentional fraud to conceal their actions.
The attorneys at Kenneth M. Sigelman & Associates have successfully represented many past clients throughout the Los Angeles area in the most challenging medical malpractice cases. We develop uniquely tailored legal strategies for every client we represent, often enabling them to recover far more compensation than they could have obtained on their own. Our legal representation in your medical malpractice case means you will have instant access to guidance from a physician and an attorney throughout your case, allowing you to approach this challenging process with confidence and peace of mind.
Q: How Much Compensation Can I Claim in a Medical Malpractice Case?
A: A medical malpractice claim is a type of personal injury claim, but there are specific laws that apply to this type of case, and the plaintiff is relatively limited in terms of the compensation they can claim from the defendant. You have the right to seek full repayment of all the economic losses the defendant caused you to suffer, and a good attorney can help you maximize the pain and suffering compensation you receive. Many variables can influence the total potential value of a medical malpractice claim, so it’s best to consult a lawyer you can trust for an accurate estimate of the total damages you could expect if you win your case.
Q: How Do I Prove Medical Negligence in a California Malpractice Suit?
A: Every medical malpractice claim revolves around the standard of care the patient should have received for their condition. The standard of care refers to the level of medical treatment the patient should have received for their condition based on the consensus from the medical community regarding safe and effective care for their diagnosis. Success with any medical malpractice claim requires proof that the defendant failed to meet the standard of care the plaintiff’s condition required.
Q: What Is the Most Common Form of Medical Malpractice in the United States?
A: Medical malpractice is a leading cause of accidental injuries and deaths throughout the country each year, and the most commonly reported types of medical malpractice that lead to civil claims are diagnostic errors and prescription medication errors. It’s vital for diagnosing physicians to use appropriate procedures to accurately determine patients’ conditions, and it is also necessary for prescribing doctors to ensure every prescription is accurate in terms of medication, dosage, and accounting for potential conflicts with existing medications and medical conditions.
Q: How Much Does a Los Angeles Medical Malpractice Attorney Cost to Hire?
A: Kenneth M. Sigelman & Associates accepts personal injury clients on a contingency fee basis. With this type of billing arrangement, the attorney’s fee is a percentage of the client’s case award. This ensures the client receives the majority of their case award, and there is no risk if their attorney fails to secure a settlement on their behalf. When you have a Kenneth M. Sigelman & Associates Los Angeles medical malpractice lawyer to represent your claim, there is no fee for our representation if our team cannot secure compensation on your behalf.
Q: What Difference Can a Los Angeles Medical Malpractice Attorney Make for My Case?
A: The right legal team can make every aspect of a medical malpractice claim less daunting for the client and easier for them to understand. While a medical malpractice claim is technically a type of personal injury case, these cases are far more demanding in their procedural requirements, and there are several strict statutes pertaining to plaintiff recovery. Having legal representation you can trust makes it easier to navigate your case with confidence and significantly increases the chances of reaching the results you hope to see.
Kenneth M. Sigelman & Associates offers an unmatched level of legal representation for medical malpractice claims in the Los Angeles area. With professional experience as both a doctor and an attorney, Attorney Sigelman can provide responsive and client-focused legal representation in the most challenging medical malpractice cases. Contact our team today to schedule a free consultation with a Los Angeles medical malpractice attorney and find out how our team can empower your recovery efforts.
Los Angeles Practice Areas
The attorneys at Kenneth M. Sigelman & Associates provide client-focused legal counsel for a wide range of civil claims in Carlsbad, Riverside, and surrounding communities. We take time to learn as much as possible about each client’s unique needs and concerns as we guide them toward the compensation they deserve. If it is time to explore your options for legal recourse after another driver has injured you, we can help. Contact us today and schedule your free consultation with an experienced car accident attorney.
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