What is Medical malpractice?
When patients visits a healthcare provider such as their doctor or hospital, they expect to gain more insight on how to treat their injuries or address their medical concerns. However, in some cases the medical provider can fail to address these concerns and conditions adequately and properly, which lead to further complications or injuries. In fact, California has the second largest amount of medical malpractice reports, amounting to over 13,000 from the past several years. As a result, if you experienced injuries from medical malpractice because of a healthcare provider’s negligence, you are entitled to compensation
What are some common causes of medical malpractice in Irvine, CA?
- Improper diagnosis: It is the responsibility of the doctor and staff to be able to properly diagnose patients of their injuries and illness. However, failure or improper diagnosis can lead to mistreatment. Additionally, taking medication or treatment in the wrong areas can unnecessarily damage healthy bodily functions. For some conditions, the wrong diagnosis may lead to the condition to get worse and reach the point where treatment is ineffective.
- Inappropriate treatment: While medical treatment should be effective at treating a medical condition, if the medical staff and doctor cannot appropriately address the medical condition, it can lead to the condition to get worse.
- Failure to listen to the patient: no matter the doctor’s expertise, the patient is their priority. As a result, they need to consider and listen to what the patient shares such as their symptoms rather than brushing it off as irrelevant. By carefully listening to patients and their concerns, it allows the medical staff to properly recognize symptoms and conclude the cause for the condition.
- Failure to examine medical history: it is the responsibility of the medical staff to have the record or consider the medical history of patients. For instance, some conditions may arise due to previous medical history or injuries. Failing to take medical history into account can lead to improper diagnosis and treatment.
- Unreasonable delay: While there may be a lot of patients, there should be a reasonable response time to diagnose and treat medical conditions based on their severity. If there is an unreasonable delay in diagnosis or treatment, it can lead to irreversible damage that can be harder to treat. For instance, diagnosis and treatment of cancer should be addressed as soon as possible to increase the chance of recovery.
- Prescribing the wrong drugs: prescribing or using the wrong drugs and treatment can damage healthy bodily functions as well as causing irreversible damage. As a result, it is the doctor’s responsibility to determine what drugs and treatment is right for the patient as not all patients and their conditions are the same.
- Surgical errors: Some patients will have to undergo surgery for treatment. However, surgery can be risky, especially when it involves fragile body parts. As a result, there can be surgical error that can lead to unintended injuries
- Failure to provide adequate postoperative care: While the surgery or operation can be successful, improper postoperative care can be detrimental for the patient. Improper care can create new injuries that need to be treated which is additional stress and pain that could have been avoided.
What damages are covered under medical malpractice in Irvine, CA?
Unfortunately, medical malpractice can be life-threatening. Common damages that you may have suffered from includes, but are not limited to
- Medical bills: Medical treatment can be expensive and often are not one-time treatments. As a result, compensation can include both past and future medical treatment. Medical treatments also can mean rehabilitation, equipment, and medication.
- Physical therapy: treatment can include short-term and long-term physical therapy. These costs can come after the initial treatment, which can be covered under the lawsuit.
- Expenses: If there were costs that were out of pocket, it can be included for compensation
- While it can be unfortunate, some will not survive their injuries. As a result, expenses for burials and funerals can be filed.
- Emotional and psychological distress: There can be emotional and psychological pain/suffering due to the injury. Compensation can include these damages for the pain and suffering that was experienced from the injury and post-injury. Furthermore, some injuries can have lasting impacts, such as a permanent scar or losing the ability to walk, which can be hard to recover emotionally.
- Loss of wages or earnings: injuries can prevent an individual from working, thus losing their main sources of income or wage.
- Loss of Consortium: This can include one’s ability to have children or depravation of relations due to injury
What are some important dates and timeline for a Medical Malpractice in Irvine, CA?
- Under California Code of Civil Procedure section 340.5, victims have three years from the date of the injury to seek compensation for damages. Additionally, the victims have one year after the victim reasonably discovers their injuries from medical malpractice.
- Under California law, the victim must notify the health care provider that they are filing a lawsuit at least 90 days before. They should be informed of three main parts:
- The legal basis of the claim
- The kind of injuries the victim suffered
- Type of loss in question
- Under California’s Medical Injury Compensation Reform Act, also known as MICRA, there is now a $250,000 limit regarding non-economic damages. These include physical impairment, loss of consortium, pain and suffering, or other related damages. However, there will be an increase in this limit to $350,000. For every year after 2024, the amount will be raised by $40,000 until 2034 when it reaches $750,000.
- For minors, there are additional exceptions. If the child is under the age of six, the medical malpractice lawsuit must be filed within three years or prior to their eighth birthday, whichever is longer
- The timeline pauses under two conditions
What should I do if I have suffered from medical malpractice in Irvine, CA?
- If you are in need of medical assistance, seek immediate medical attention. If you are able to collect any evidence of injuries from medical malpractice, take as many photos/videos and physical evidence as detailed above.
- Be sure to report the incident to the hospital so that they can file an incident report. You can also request medical details that may have contributed to medical malpractice.
- We highly recommend that you contact Alipour Law Group for expert legal assistance at https://asl.law/ before signing documents or making any statements. Our lawyers are ready to assist you with medical malpractice cases in Irvine.
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