How a Medical Error Lawyer Can Help You File a Lawsuit

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How a Medical Error Lawyer Can Help You File a Lawsuit

An experienced San Diego medical error lawyer will review your case details, gather evidence, and help you file a lawsuit against the responsible healthcare provider. You can claim damages for both your financial and intangible losses.

Medical malpractice cases include surgical errors, misdiagnoses that prevent immediate treatment, nursing home abuse, and medication mistakes. In each case, it is critical to show how the healthcare professional’s mistake directly caused your injuries.

What Is Medical Malpractice?

Medical malpractice is when a hospital, doctor or other health care professional breaches their duty to you and that breach causes an injury. While some medical malpractice cases are blatant—such as the “wrong site” surgeries or infamous cases where instruments such as tweezers or sponges are left inside a patient—most involve more subtle, but still serious errors that may cause serious injury or wrongful death.

Malpractice claims are a special subset of tort law, which deals with professional negligence. To win monetary compensation in a medical malpractice claim, you must establish that your physician deviated from the accepted standard of care in their field and that that deviation directly caused your injury.

Successful malpractice claims require substantial time and resources to prove these elements. They often involve obtaining and reviewing extensive medical records, interviews with medical experts, and a thorough review of applicable legal and medical literature. In some cases, victims can also recover punitive damages, which are designed to punish particularly egregious or reckless conduct and deter similar behavior in the future.

How Do I Know if I Have a Case?

Injured patients often do not know whether their doctor or another medical professional acted properly. In order to determine this, the victim will need to work with lawyers that have a deep understanding of medical standards of care.

A lawyer can help victims and their families seek compensation for the costs of medical bills, emotional trauma, lost wages, and other losses. Additionally, injured victims may be able to pursue punitive damages in rare cases that demonstrate particularly egregious negligence or reckless conduct by healthcare professionals.

An experienced San Diego medical malpractice attorney can review the facts of your case to determine if you have a valid claim. He or she can also assist you in gathering documentation and retaining expert witnesses to support your claims. Additionally, a lawyer can ensure that you comply with California’s statute of limitations and other legal requirements. This includes ensuring that you provide proper notice to your healthcare provider. This is critical to avoid the statute of limitations from expiring before you can file a lawsuit.

How Do I Start a Case?

A medical malpractice attorney can help victims receive financial compensation for their losses. Depending on the case, this may include past and future medical expenses, diminished earning potential, rehabilitative care costs, loss of enjoyment of life, and emotional distress. In some cases, victims can also seek punitive damages.

Doctors, nurses, and other healthcare providers owe patients a duty to treat them in accordance with the reasonable standards of their profession. When this duty is breached, it may result in injury or death to the patient.

Malpractice lawsuits are complicated legal claims that require the guidance of an experienced attorney. Injured patients should contact an attorney as soon as possible after a medical error. During your consultation, an attorney can evaluate your claim and advise you of the best course of action. Your lawyer can also determine whether to file a complaint with a state agency to provide additional evidence to support your claim. They can negotiate with insurance companies and secure fair settlements for their clients.

What Damages Can I Receive in a Case?

The amount of damages you receive in a case depends on the extent of your injuries and losses. There are two general categories of damages: economic and non-economic. Economic damages are those that can be demonstrated through a paper trail, including medical bills, future treatment costs, lost income, and expenses for in-home care.

Non-economic damages are more subjective and include things like pain and suffering, loss of enjoyment of life, and emotional distress. These types of damages are difficult to quantify in monetary terms and must be proven through the testimony of experts.

The attorneys at Estey Bomberger focus all of their energy on one thing – winning your case. They only accept a limited number of cases each year so that they can devote all of their resources to the preparation and presentation of your case. This approach has helped them earn a 99% success rate. They also provide free consultations. They are Lead Counsel Verified, meaning that they meet stringent qualifications, have a clean disciplinary record, and practice in the areas of law they claim to specialize in.

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