San Juan Capistrano Medical Malpractice Lawyer

Over time, the medical profession has developed certain standards and protocols that professionals must follow in order to make sure their patients are receiving the highest levels of care. It is not only doctors who must live up to this standard of patient care. This responsibility applies equally to nurses, nurse practitioners, physician’s assistants, and other healthcare providers. When professionals deviate from this required standard of care, it could be considered medical malpractice.

If you believe that you have been injured by a medical professional’s breach of this standard of care, you may have a claim for medical malpractice. A San Juan Capistrano medical malpractice lawyer could help you review your claim to determine your options. Determining malpractice might be difficult, but a knowledgeable personal injury attorney may be able to help.

Understanding Medical Malpractice

When doctors or other medical professionals depart from the reasonable standard of care that their profession demands and cause injuries, those injured may have a cause of action for medical malpractice. Failure to act as carefully as the situation mandates, whether with respect to diagnosis, treatment, or surgical procedures, could be considered malpractice.

Legal claims stemming from medical malpractice require a strong familiarity with medical terms and procedures and may require consultation with other medical professionals to determine whether a professional breached the requisite standard of care. As a result, consulting with a San Juan Capistrano medical malpractice attorney could be a logical first step to determining the validity of any potential claim.

Common Examples of Failing to Meet a Standard of Care

While there are many different situations that might result in a medical malpractice claim, a few of the more common examples of malpractice may include:

  • Failing to remove instruments, sponges, or other objects from a patient’s body during surgery
  • Misdiagnosing an injury or illness
  • Administering the incorrect medication to a patient or one that causes an adverse reaction or interaction with other medications
  • Misreading test results or scans

If someone experiences any of these or other behaviors that may be classified as medical malpractice, they should reach out to a seasoned lawyer who is experienced handling medical malpractice claims.

Maintaining a Claim

A medical malpractice claim requires proof of various elements under California law. There must be a relationship between the healthcare provider and the patient who suffered the injuries. This is an inherent part of the dynamic between any medical provider who treats a patient for any condition, illness, or injury.

The injured patient must also establish that the health care provider acted negligently or breached the required standard of care in treating them. There must be a direct link between the medical professional’s actions (or inaction) that led to the patient’s injuries. The injured party must also prove the existence of damages that resulted from negligence.

Time Limits to Filing Claims

Almost all types of lawsuits have deadlines established by law, also called a statute of limitations. Failure to meet these deadlines may result in an inability to maintain a medical malpractice claim, no matter how obvious the negligence or how severe the injuries might be.

Pursuant to Cal. Civ. Pro. Code §340.5, patients who believe they suffered injuries due to medical malpractice must file a medical malpractice claim within three years from the date of the treatment or procedure that led to the injuries. In cases of delayed discovery, they must file within one year from the date they discover the injuries. An experienced San Juan Capistrano medical malpractice lawyer could help plaintiffs file their claims on time.

Potential Recoverable Damages

While no two medical malpractice claims are alike, a patient may be able to recover a variety of damages from the responsible medical providers in the claim for the malpractice injury case in question. Potential damages may include compensation for medical bills and loss of current and future income due to an inability to work.

Other damages that may be available, depending on the situation, include compensation for physical pain and suffering, emotional distress, permanent disfigurement, and permanent impairment. For a full picture of potential areas of compensation, a medical malpractice lawyer in San Juan Capistrano could review the specific facts of the case.

How a San Juan Capistrano Medical Malpractice Attorney Could Help

If you suffer complications, adverse effects, or further illness or injury due to substandard care by a medical professional, you may have a valid medical malpractice claim. Consulting with a San Juan Capistrano medical malpractice lawyer could be a good way to evaluate the validity. Call today to learn more about your options.