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Mission Viejo Medical Malpractice Lawyer
Medical malpractice lawsuits are not something many people think about, but given the frequency with which people use hospitals, physicians and other healthcare services, perhaps they should be.
Each and every day, millions of individuals rely on the training, judgment and skill of medical professionals, often when they are at their most vulnerable. Fortunately, the vast amount of trust placed in healthcare practitioners is generally justified, but that is not to say that serious errors that bring profound consequences do not sometimes occur.
When misdiagnosis, surgical mistakes, or other forms of negligence produce severe and lasting harm to patients, a Mission Viejo medical malpractice lawyer can offer victims the insights and analysis necessary to effectively seek justice and fair compensation. If you have been injured call today to discuss your case with an injury attorney in Mission Viejo.
Establishing Liability
Broadly speaking, a medical malpractice matter develops when a patient suffers distinct harm as the result of a physician or other healthcare provider’s failure to meet the appropriate and accepted standard of medical care. It is important to note that the mere existence of a negative medical outcome is not in and of itself sufficient to establish actionable malpractice.
It must be shown that the medical professional in question did not display the proper level of competence, skill or judgment required in the specific treatment scenario at issue.
For a plaintiff to prevail in a claim of medical malpractice, it is always necessary to show the existence of a doctor-patient relationship at the time of the injury, that the attending professional fell below the required standard of care and that those acts or omissions directly caused injury or death.
A Mission Viejo medical malpractice lawyer will work collaboratively with medical experts, key witnesses, economic loss analysts, and legal support staff to make these essential showings and to determine a justifiable level of monetary compensation.
Common Medical Malpractice Scenarios
Considering the expansive nature of modern medical specialties, it is not surprising that malpractice claims can and do arise in a seemingly limitless number of ways.
However, there are several types of malpractice scenarios which seem to be more common than others, with a study published in the Journal of the American Medical Association revealing that delayed, erroneous or missed diagnoses play a role in roughly 10-20 percent of all malpractice litigation. Typical circumstances leading to medical malpractice lawsuits include:
- Diagnostic errors
- Surgical mistakes
- Birth injuries
- Errors in the administration of medication
- Anesthesia errors
- Mishandled labor and delivery
- Negligence related to hospital facility design or maintenance
- Nursing home staff errors and omissions
Whether a negligence claim stems from a botched vacuum delivery or the failure of a physician to sufficiently monitor a post-operative patient experiencing complications, a medical malpractice attorney in Mission Viejo will ensure compliance with applicable time limits on filing suit, assemble all available evidence and formulate the strongest arguments possible on behalf of victims.
Filing a Malpractice Lawsuit
Medical malpractice lawsuits are inevitably complex, emotionally difficult undertakings, but they are designed to provide victims with the accountability and compensation necessary for them to move forward.
The financial, physical and emotional toll medical negligence can have on entire families can be truly devastating, and litigation is often the best way to secure the recovery injured parties deserve.
The most recent figures released by the federal Bureau of Justice Statistics indicate that awards in medical malpractice cases decided by juries have yielded median damages 17 times greater than awards in all other types of tort jury trials. Compensation for those harmed by medical negligence can indeed be substantial, often including payment for:
- Current, past and future medical bills
- Therapy and rehabilitation costs
- Lost wages and reduced future earning capacity
- Physical suffering
- Emotional trauma
- Permanent disfigurement
- Dependents’ loss of financial support
- Funeral expenses
Hiring Legal Representation
The rocky landscape of medical lawsuits is something no plaintiff should attempt to navigate alone. Obtaining the help of a Mission Viejo medical malpractice attorney committed to fighting for victims’ rights can make all the difference in the likelihood of financial recovery.
To learn more about how an attorney with our firm can pursue the compensation to which you are entitled, contact us today.