Broken bones are common injuries that can result from an accident. Some people, like elderly individuals or people involved in high-impact sports, may deal with this injury more often than others. When the doctor fails to properly treat the broken bone or their management of another condition leads to a fracture, they might have committed medical malpractice.
Malpractice happens when a doctor fails to provide a patient with a standard level of care, given the available resources and evidence, as outlined in the California Code of Civil Procedure (CCP) §364(2). The doctor’s mistake leads to the patient suffering other injuries because of the treatment process, leaving patients with significant injuries, pain and suffering, and expenses that they should not have incurred.
If you or a loved one is the victim of medical malpractice that results in broken bones, you may be able to take legal action. A Los Angeles broken bones lawyer can help you build a medical malpractice case and seek compensation for expenses related to your recovery. Call the office of Pintas & Mullins Law Firm at (800) 223-5115 for a free consultation about your case.
Medical Malpractice Resulting in Broken Bones
Medical malpractice can result in a variety of injuries. Broken bones are possible in a malpractice case when a doctor misdiagnoses, fails to treat, or improperly treats a condition that leads to bone damage. Here are two examples of how medical malpractice could cause a broken bone:
- It is essential to set a broken bone properly so that it can heal. If a doctor fails to do this, that bone can eventually break again.
- A doctor misses the signs of osteoporosis in an older patient, and that patient breaks their hip in a fall. If treating the osteoporosis could have prevented the fracture, that could leave the physician liable for malpractice.
Medical malpractice is relatively uncommon, as many health care providers are well-trained and competent. However, malpractice usually happens when a doctor ignores standard procedures and medical tests when determining how to treat an illness or broken bone. When they do not have valuable information, they can perform a procedure incorrectly, which can hurt the patient over time.
Understanding Your Rights
Under civil law, you have the right to sue anyone responsible for your injuries. Your lawsuit would seek compensation for the expenses that you incur because of your injuries. These expenses can include anything you can prove related to your accident.
Medical malpractice happens because a doctor violated your right to a standard of care. The journal Clinical Orthopaedics and Related Research explains how doctors must take specific steps to provide care, heal patients, and protect patients from injuries. When they fail to do so, you can take legal action under California medical malpractice laws.
For a free legal consultation with a Broken Bones Lawyer serving Los Angeles, call (800) 223-5115
Possible Recoverable Compensation
When you file your case, the documentation will include your claims for compensation. You can claim any expenses that you can prove resulted from your malpractice injuries in the lawsuit. Medical expenses are the most commonly requested expense since they make up a large portion of the total costs that you incur.
Some cases include other types of compensation, including pain and suffering, lost wages, and legal fees. Your goal should be to claim enough compensation to cover your financial obligations and limit the damage to your finances because of your malpractice injuries.
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Proving liability in medical malpractice cases can become complicated. You can hold the physician who caused the injury liable. However, most physicians have some form of medical malpractice insurance. While these policies do not absolve them of their responsibility, their insurance company will step in to defend the physician.
Many physicians have liability and malpractice insurance through the hospitals where they work. You might be able to file a lawsuit against the hospital if the liable doctor practiced there.
Liability and malpractice insurance companies are notorious for being aggressive when defending their clients, meaning you might find it challenging to win a lawsuit against them. This challenge becomes even more significant when a government agency owns or operates the hospital.
Government agencies have special protections in civil law that requires plaintiffs to follow special processes when filing a lawsuit. A Los Angeles broken bones lawyer can help you navigate the complicated medical malpractice legal process. Call Pintas & Mullins Law Firm today to get started.
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Statute of Limitations
The statute of limitations in broken bones cases places a time limit on when you must file your lawsuit. CCP §340.5 sets two deadlines that run simultaneously, and whichever expires first is the applicable time limit. The first deadline gives you three years from the date of the injury to file your lawsuit, while the second gives you one year from the date you find out you were injured to file your lawsuit.
Determining which part of the statute applies to your situation can confuse a layperson who does not regularly handle legal matters. You can consult a Los Angeles broken bones lawyer for guidance on filing a medical malpractice lawsuit. You might want to do this as soon as possible to avoid problems with the statute of limitations.
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Your Legal Options for Recourse
Being the victim of medical malpractice gives you the right to file a lawsuit against the responsible parties. This lawsuit can include the doctor who provided treatment or the hospital or medical practice where the doctor works. One or both could have liability for a case depending on the circumstances.
Some people prefer to hire a lawyer to handle a medical malpractice case since doctors and hospitals have the protection of malpractice insurance companies and attorneys. They aggressively protect their clients and do everything possible to fight your claim. Hiring a medical malpractice lawyer gives you the resources to fight back and stop yourself from continuing to be a victim of someone else’s mistakes.
Discuss Your Case with a Los Angeles Broken Bones Lawyer
Suffering injuries from medical malpractice can lead to a lot of additional expenses. Fortunately, you do not have to handle the fallout from a malpractice case on your own. You can file a lawsuit against the doctor and the hospital to collect compensation that will cover the expenses for your treatments. A Los Angeles broken bones lawyer can help you fight for the justice and compensation you deserve. Call Pintas & Mullins Law Firm today at (800) 223-5115 to discuss your case with our team.
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