Medical Malpractice Lawyer Santa Monica CA
A Santa Monica, CA medical malpractice lawyer understands that when patients go to the doctor or hospital for treatment when they get sick or hurt, they trust that the medical professionals who treat them will do all they can to treat their medical condition. This includes following all protocols to ensure that no mistakes are made in treatments. When there are mistakes made by a doctor, nurse, or other healthcare workers, the results are often catastrophic for the patient and can even result in their death. At Cohen Law Group, P.C., we know that these incidents are increasing each year at an alarming rate.
In fact, according to national statistics, medical errors and negligence are the third leading cause of death in this country, following heart disease and cancer. Many of these incidents result in medical malpractice lawsuits. These cases have become so frequent that it is estimated that more than $3 billion is spent each year in malpractice settlements.
What Is Medical Malpractice?
Malpractice is defined as an incident in which a medical professional deviates from the accepted standard of care in treating a patient. The standard of care is what a reasonable medical provider would do under the same circumstances. If it is determined that the medical professional did not meet the standard of care and that failure resulted in an injury to the patient, then the medical professional and/or the medical facility can be held accountable. Your Santa Monica medical malpractice lawyer will evaluate your case to determine who all of the liable parties may be.
Examples of Medical Malpractice
Unfortunately, most patients and their families may not realize the medical professional’s action is negligent until it is too late. Some of the more common medical negligence behaviors that each Santa Monica malpractice lawyer from our firm has seen in the cases we handle include:
- Diagnostic testing mistakes or failure to order necessary tests
- Discharging too soon
- Errors made taking patient history
- Failure to identify symptoms
- Inadequate follow-up care
- Medication errors
- Misdiagnosis
- Misinterpreting or overlooking laboratory results
- Surgical errors, such as operating on the wrong body area
Malpractice can take many forms, including surgical, medical, pharmaceutical, birth injury, and emergency room errors. However, one of the alarming facts about malpractice is that many victims are unaware they have been injured until they begin suffering symptoms. It is not uncommon for errors to go undetected for weeks, months, or even years. The victim may have suffered irreparable harm when the error is finally diagnosed.
Contact a Dedicated Santa Monica Medical Malpractice Lawyer Today
If you have suffered an injury or illness due to the negligence of a medical professional, you need a Santa Monica medical malpractice lawyer to advocate for you. Call Cohen Law Group, P.C. to find out what legal recourse you may have against all liable parties. You may be entitled to financial compensation for medical expenses, loss of income, pain and suffering, emotional trauma, and more. It is critical to remember that California does have a statute of limitations for how long you have to file a malpractice lawsuit, so do not delay making that call.
How Can I Prove Malpractice?
Medical malpractice law in Santa Monica, CA is designed to hold healthcare providers accountable when they fail to provide an acceptable standard of care, resulting in injuries or harm to a patient. If you’ve been the victim of medical malpractice in Santa Monica, CA, it’s important to seek the guidance of an experienced medical malpractice lawyer.
In order to establish a medical malpractice claim in California, you must be able to prove that the healthcare provider was negligent and that their negligence caused your injuries. This requires you to show the following four elements:
- Duty of care: The healthcare provider had a duty to provide an acceptable standard of care.
- Breach of duty: The healthcare provider failed to meet this standard of care.
- Causation: The healthcare provider’s breach of duty caused your injuries.
- Damages: You sustained injuries or damages as a result of the medical malpractice.
If you are successful in proving negligence, you may be entitled to compensation for your injuries, damages, and other losses. This can include medical expenses, lost wages, and pain and suffering.
One important aspect of medical malpractice law in Santa Monica, CA is the statute of limitations, which sets a deadline for filing a claim. In California, the statute of limitations for medical malpractice claims is generally three years from the date of the injury or one year from the date the injury was discovered, whichever is shorter. This means that you must file your claim within this time frame or you may be barred from pursuing compensation.
According to data from the California Medical Board, there were over 1,500 medical malpractice claims filed in Los Angeles County in 2020. If you believe you have been the victim of medical malpractice in Santa Monica, CA, it’s important to seek the guidance of an experienced medical malpractice lawyer as soon as possible to ensure that you meet the filing deadlines and preserve your rights.
Birth Injury Claims In Santa Monica CA
Birth injuries can have serious and long-lasting consequences for both the child and the parents. If your child has suffered a birth injury in Santa Monica, CA, it’s important to understand your legal options and pursue compensation for any injuries or damages you have sustained.
In order to establish a birth injury claim in California, you must be able to prove that the healthcare provider was negligent and that their negligence caused your child’s injuries.
If you are successful in proving negligence, you may be entitled to compensation for your child’s injuries, damages, and other losses. This can include medical expenses, lost wages, and pain and suffering.
Birth injuries can be caused by a variety of factors, including medical negligence, inadequate prenatal care, and improper use of force during delivery. Some common types of birth injuries include cerebral palsy, Erb’s palsy, and shoulder dystocia.
what injuries qualify for a medical malpractice case?
To qualify for a medical malpractice case, the following elements generally need to be present:
- Doctor-Patient Relationship: The first element is establishing that there was a doctor-patient relationship, meaning the healthcare provider had a professional duty to provide medical care to the patient.
- Negligence: The second element is establishing that the healthcare provider acted negligently and failed to provide a reasonable standard of care. Negligence can include misdiagnosis, failure to diagnose, surgical errors, medication errors, and other mistakes that deviate from the accepted medical standard of care.
- Causation: The third element is establishing that the healthcare provider’s negligence directly caused the patient’s injuries.
- Damages: The fourth element is establishing that the patient suffered damages as a result of the healthcare provider’s negligence, such as physical pain, emotional distress, lost income, and medical expenses.
Injuries that can qualify for a medical malpractice case may include serious injuries or conditions resulting from medical errors or negligence, such as misdiagnosis, delayed diagnosis, surgical errors, birth injuries, medication errors, and infections. It is important to note that not every medical error or unfavorable outcome will result in a successful medical malpractice case.
If you believe your child has suffered a birth injury in Santa Monica, CA, it’s important to seek the guidance of an experienced medical malpractice lawyer. A medical malpractice lawyer can help you understand your legal options and pursue the compensation you deserve.
