Medical Malpractice covers a large array of potential lawsuits governing healthcare and one’s physical well-being. We will cover some of the major types of medical malpractice lawsuits. Obviously, each case type and category will differ greatly depending on personal details, so be sure to consult with an Orange County medical malpractice attorney when you believe you are a victim of negligent medical care.
Misdiagnosis and delayed diagnosis account for a large percentage of medical malpractice complaints and interestingly, when surveyed, tends to fall onto doctors who don’t treat patients kindly rather than the actual prognosis of the consultation.
The key in proving a medical malpractice claim based on misdiagnosis or delayed diagnosis is the Reasonable Comparison Test. What did the treating doctor do (or didn’t do), and how would other competent and reputable doctors have done? Is it reasonable to expect the average doctor of that specialty to do the same thing or different? Is it reasonable to assume that most other doctors would have made the same misdiagnosis?
A lot of complications can occur at childbirth, including:
These suits are related to incorrectly prescribing medication or prescribing the wrong amount of medication to a patient. For drug-related cases, please see our drug injuries page.
Complications can occur from negligence from the anesthesiologist or surgeon depending on the situation. These cases can be difficult to establish, however, situations have arisen in certain hospitals that warrant this type of case.
Dentists can also be liable for improper dental work and that severely impair the patient’s jawline, cause head trauma, and suffer unnecessary pain.
Juries are less sympathetic to elective cosmetic plastic surgery procedures, however, because of the increasing popularity of plastic surgery, more and more doctors are entering the field and more likely to make negligent mistakes.
Most people do not know how complex medical malpractice claims are, not to mention expert witnesses and testimony from various parties. The victim must prove the following to receive compensation for their injuries:
Medical malpractice cases must be brought soon after the injury; in California, this is three years from the date of one’s injury, or if the person could not have known at the date of one’s injury, one year from the date at which a person realizes an injury has occurred. This time period in which one may file a claim is referred to as the “statute of limitations.” Statutes of limitations vary based on the type of suit being filed. If a lawsuit is not filed within the specific period of allotted time, the court will automatically dismiss the case, regardless of the facts of the injuries of the patient/victim.
An issue that often arises in such cases is that of when to sue for compensatory and punitive damages. The former refers to costs sought to be recouped just by virtue of having experienced an injury, so it includes an estimate of what it will take financially to make the injured or aggrieved party whole. However, punitive damages are often sought, especially when a medical provider acted improperly, and especially when there are grounds to believe that such conduct is routine rather than an aberration.
Attorney Tim Ryan is author of "The Personal Injury Victim's Bible" and has assisted thousands of injury victims, obtaining more than $1 billion for his clients collectively since 1981.
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