Medical malpractice lawsuits are filed following an operation, surgery, or medical procedure that went wrong because of negligence and which has caused significant physical trauma to the patient.
In filing a medical malpractice claim, the plaintiff must show that the medical treatment received was below an accepted medical standard. Also, the plaintiff must show that this lower medical standard of care resulted in subsequent harm to the patient.
Conversely, a patient may not be able to accuse a doctor or health care company of medical malpractice if the doctor, nurse, or other surgical member’s error did not harm the patient.
If you or a loved one experienced a misdiagnosed or mishandled surgical procedure, you may be eligible to file a negligence claim against the hospital, staff, or insurer for any aggrieved harm it has caused you. A Los Angeles previous surgical procedures lawyer can help you understand your options. Contact Pintas & Mullins Law Firm today at (800) 794-0444 to learn how we can support you.
Common Types of Medical Malpractice Cases
Most medical malpractice claims arise from a common set of errors by medical professionals. Patients on the receiving end of these errors may experience long-term trauma and/or suffering, additional financial losses, or more illnesses. Some of these common errors include:
- Botched surgical errors that lead to further injuries
- Incorrect or absent diagnoses
- Negligence in childbirth injuries
- Wrong application of anesthesia or medication
- Errors in emergency rooms
- Other mistakes that lead to additional patient suffering
Protect your rights as a patient or family member of a patient by working with a Los Angeles previous surgical procedure lawyer. With more than 25 years in personal injury law, we can help you pursue compensation after suffering through medical mistakes.
Determining the Medical Standard of Care
Medical malpractice occurs when a patient or family member makes a claim of lower or insufficient medical standard of care against a hospital or medical practitioner. In many cases, the patient’s legal team must establish if the medical standard of care in a medical malpractice case was lacking or substandard due to negligence.
Can this be proven in court? Yes. Most malpractice cases start with determining if the patient received a generally accepted set of medical practices that other doctors would give to their patients in similar circumstances. If the doctor does not meet this threshold of medical standard of care, then a patient may have a claim of medical malpractice.
A claim of negligence can be made once it is determined that a hospital professional or care facility failed to give the patient this medical standard of care. According to California Code of Civil Procedure § 340.5, this type of lawsuit must be filed no more than three years after the date of injury. Alternately, victims may file a medical malpractice suit one year after they notice the injury, depending on which event comes first.
For a free legal consultation with an previous surgical procedures lawyer serving Los Angeles, call (800) 794-0444
Awards for Your Medical Malpractice Case
When you pursue a medical malpractice claim from a previous surgery, you are fighting for compensation for economic and noneconomic damages. If the negligence of a surgeon or other medical professional harmed you, you may need other surgeries or long-term medical care. A lawyer can fight for compensation for your medical bills and associated health care costs, as well as pain and suffering.
However, California Code of Civil Procedure § 3333.2 does limit the amount a patient can receive for pain and suffering and similar damages to $250,000.
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Using a Medical Malpractice Lawyer
Imagine your family member is in the hospital for a routine operation. It appears to go well, but you learn that the surgeon made mistakes during the operation. Then, maybe one or two months later, your family member experiences pain near the site of surgery or illness caused by infection.
Pintas & Mullins Law Firm can work with you to uncover evidence pertaining to the operation, including researching medical bills and patient records, soliciting statements from other medical professionals, and gathering statements from others who may have inside knowledge.
If you want help, a Los Angeles previous surgical procedures lawyer can help you understand what to expect in a medical malpractice lawsuit. It is your right to seek financial compensation if a previous surgery caused your injuries. Contact Pintas & Mullins Law Firm today to learn more.
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A Los Angeles Previous Surgical Procedures Lawyer Can Help
The team at Pintas & Mullins Law Firm understands the pain and suffering that a patient goes through after medical malpractice. Regaining your health and wellness is the priority after suffering that pain. During your recuperation period, you can reach out to us to evaluate your case.
Involving our team of Los Angeles previous surgical procedures lawyers can take the burden of anxiety off your shoulders, so you can focus on recuperating from your injuries. That is why we work on a contingency fee basis.
What this means to you is that we waive all the upfront fees associated with gathering evidence, pre-trial court filings, witness depositions, mediation consultations, and other work associated with medical malpractice cases.
Our service and litigation fees get paid if and when financial compensation is awarded in your lawsuit. We agree upon the percentage of any financial compensation that comes to our firm from our successful handling of your case in advance, and we will keep you informed every step of the way.
If you want legal representation in a medical malpractice case, our Los Angeles previous surgical procedures lawyers are here to help. Contact Pintas & Mullins Law Firm today at (800) 794-0444 to begin the fight for your legal rights.