When you go to your family physician, head to the emergency room, or schedule a procedure, you trust that you are in safe hands. You assume that because you are being cared for by well-educated and experienced doctors and nurses, nothing will go wrong. You know there are risks, yet the chance of potential side effects or accidents seems small.
Unfortunately, the chance of you being injured while receiving medical care is not small. Recent studies have shown that medical errors are relatively common and that if they were properly counted, they would be the third leading cause of death in the U.S.
If you are injured because of a medical error, you should speak with a San Francisco medical malpractice lawyer as soon as possible. Many medical mistakes are not simply accidents. Instead, they occur because a physician or nurse did not take care of you as well as they should have. If that is the case, you may have a legal claim against the medical professional or their employer. Additionally, if you lost a loved one due to medical malpractice, contact Brod Law Firm today. We will review your situation and discuss whether your family has the right to bring a wrongful death action.California Medical Malpractice Law
Medical malpractice occurs when a medical professional does not uphold his or her duty of care toward patients. A duty of care, also called a standard of care, is a legal responsibility. It prescribes how one person should treat another based on a certain type of relationship. Many individuals and businesses have various duties of care toward one another, and physicians in California have a particular standard to uphold in regard to their patients.
California’s standard of care for health care professionals dictates that they should treat their patients with the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful professionals within the same area of medicine would use in the same or similar circumstances.
When a health care professional fails to use the skill, knowledge, and care that others in their profession would, and this causes you harm, you may have a legal claim based on medical negligence. To learn more, contact a medical malpractice attorney in the San Francisco.Common Forms of Medical Malpractice
Considering how often medical errors occur, it should come as no surprise that there are many common categories of mistakes, including:
- Diagnosis errors, such as late or incorrect diagnoses
- Unnecessary tests or procedures
- Medication errors, such as prescribing an inappropriate drug, dispensing the wrong drug, administering an incorrect drug, or administering the correct drug in the wrong amount, at the wrong time, or through the wrong method
- Surgical errors, such as performing the wrong procedure or performing the correct procedure on the wrong area of the body
- Anesthesia errors, such as providing too much or too little anesthesia, providing too little oxygen, or intubating the patient incorrectly
- Hospital-acquired infections
- Defective or malfunctioning medical devices
- Pregnancy and childbirth errors
This is not an exhaustive list of what can go wrong during your medical care. Whether you experienced a mistake related to the common errors above or something else entirely, you may have a medical malpractice claim. You should speak with a San Francisco medical malpractice attorney at Brod Law Firm.Filing a Medical Malpractice Suit
If you are interested in moving forward with a medical malpractice lawsuit against a physician, hospital, or other health care professional or facility, you should speak with a lawyer about this process, including when and where you need to file and the compensation you can request. During a medical malpractice suit, you may be able to pursue damages for your:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Physical pain
- Mental suffering
- Loss of enjoyment of life
- Loss of consortium
California’s statute of limitations on medical malpractice claims states you must commence an action within three years from the date of your injury or within one year after you discover, or reasonably should have discovered the injury, whichever occurs first.Let Brod Law Firm Help You
If you believe you have or are currently suffering a worsened condition or unique injury because of medical negligence, reach out to an attorney right away. Medical malpractice claims can quickly become complicated, and you need an attorney who is well-versed in these issues to begin investigating your claim immediately. If there is evidence that one or more health care professionals did not treat you in accordance with California’s medical standard of care, then you may be able to move forward with a claim for compensation.
At Brod Law Firm, our medical malpractice attorneys represent clients in San Francisco and beyond. We are ready to hear from you. Contact us online or call (800) 427-7020 to schedule your free consultation.