San Diego Nursing Malpractice Lawyer

San Diego Nursing Malpractice Attorney

California healthcare providers and establishments must follow both ethical and professional standards by law. Yet, medical errors can still happen if these trusted providers fail to follow applicable standards. If you were hurt because of the error of a nurse, you may be entitled to compensation. A San Diego nursing malpractice lawyer can discuss your legal options.

At Kenneth M. Sigelman & Associates, our attorneys can explore your likelihood of success with a nursing malpractice claim. We can maximize your compensation for your injuries and other losses.

With busy local hospitals like Scripps, Sharp Memorial, and Kaiser Permanente nearby, there are loads of medical procedures happening each day. Don’t face the challenges of a malpractice claim alone, and consider scheduling a free consultation with one of our experienced attorneys right away.

Nursing Malpractice

The most common kinds of cases include:

• Diagnostic errors. A nurse may fail to recognize the common symptoms of a medical condition, delay a patient’s diagnosis, or make an incorrect diagnosis.
• Surgical errors. Surgery may be performed at the wrong site, appropriate procedure standards weren’t followed, the wrong body part was removed, or medical instruments were left inside a patient during a surgical procedure.
• Failure to treat. Nurses sometimes fail to perform requested testing, discharge a patient too early, fail to provide follow-up care instructions, or fail to review a patient’s medical history in advance of providing care.
• Birth injuries. Medical errors that happen before, during, or after a child is born can result in a nursing error claim for failure to assist with fetal distress, failure to diagnose an infection, incorrect use of medical devices, or delayed medical intervention.
• Medication errors. Nurses sometimes administer medications that cause a patient to have an allergic reaction, give medicine to the incorrect patient, or give the incorrect dosage.

If you need help with any type of nursing error claim, our experienced team of San Diego nursing malpractice lawyers can help build a compelling case.

San Diego Nursing Malpractice Cases

Unfortunately, the third leading cause of death in the United States each year is preventable medical errors. Thousands of medical malpractice cases are filed every year in our country. Yet, according to the Bureau of Justice Statistics, only about 7% of all medical malpractice cases end up in court. These victims of malpractice can end up facing astronomical medical bills and wage loss.

There are about 1.38 million people living in San Diego, and our city boasts a large population as one of California’s most popular cities. With so many people and hospitals in the area, if you are hurt due to nursing negligence, an attorney is uniquely qualified to help build a solid recovery case.

Most medical malpractice cases settle out of court, and the right attorney negotiating for you can make all the difference in your case outcome. Settlements can provide a faster resolution for the parties compared to the uncertainties of a trial. Consult a trusted attorney to discuss the potential methods for resolving your nursing error claim.

Proving a Nursing Malpractice Claim

In a personal injury claim, the victim must prove:

• The nurse owed a duty of care due to their nurse-patient relationship.
• The nurse violated their owed duty of care and acted negligently, which usually means they failed to act like a similarly trained nurse likely would have behaved under similar circumstances and in the same location.
• Their negligent actions (or failure to act) caused an injury to their patient.
• Their patient incurred damages because of their sustained injury.

An experienced attorney can further discuss your likelihood of success with a nursing malpractice claim.

FAQs

What Elements Are Necessary for a Nursing Malpractice Case?

With a nursing malpractice case, you need to prove that a nurse’s behavior fell below the accepted appropriate care and that another nurse in the same set of circumstances would have performed her nursing duties differently.

Success is often determined by your attorney’s ability to show a nurse failed to meet the appropriate care required by the situation. An experienced medical malpractice attorney can help gather evidence and consult reliable experts to build a compelling case.

How Long Does a San Diego Nursing Malpractice Case Take?

Each case is unique, and the average time it takes for a nursing malpractice case in San Diego depends on case-specific factors. An attorney can help estimate the amount of time your case may take, and they can help start to investigate your claim to see what happened. Keep in mind that medical professionals may be motivated to resolve your claim via settlement as quietly and quickly as they can and may discuss settlement opportunities.

What’s the Statute of Limitations for California Nursing Malpractice Claims?

The deadline, or statute of limitations, to file a claim for damages for injuries is three years from the date of injury or one year from the date you, in fact, should have discovered the injury was due to medical negligence.

Under California Code of Civil Procedure §340.5, you may be barred from recovery if you file after that date. There are some details and exceptions to discuss with an attorney to ensure you file on time.

What Might Delay My Nursing Malpractice Claim?

Court delays may impact your case. Also, nursing malpractice cases often require assistance from medical experts, and their review process of substantial medical records can add time to the overall case timeframe.

Yet, this investigation phase is important to the process of maximizing your case value, which is why it’s important to be patient. An attorney can help estimate the amount of time your case may take.

Contact Kenneth M. Sigelman & Associates — Skilled San Diego Nursing Malpractice Attorney

Ken Sigelman, J.D., M.D., understands the nuances of California nursing malpractice law. As an experienced physician who is also licensed to practice law, he proudly uses his medical knowledge to assist clients. He knows what the appropriate care should be, and for over 20 years, he’s held nurses accountable when they fail to provide appropriate patient care.

Contact Kenneth M. Sigelman & Associates to schedule a free consultation today. Case reviews are free, and if we accept your case, we won’t charge any attorney’s fees unless we win.