Oceanside Medical Malpractice Lawyer

We place our trust in healthcare workers to provide the utmost care during our time of need. While most medical personnel excel in their roles, errors, lapses in judgment, and communication breakdowns can occur, potentially resulting in disastrous situations that could have been prevented. An Oceanside medical malpractice lawyer can review the details of your case and discuss your legal options.

Medical Malpractice Personal Injury

When filing a personal injury claim in Oceanside, CA, the most important aspect of medical malpractice is whether the medical professional was negligent and did not follow their duty of care. Any healthcare worker can be held accountable for medical malpractice, including:

• Optometrists
• Dentists
• Chiropractors
• Pharmacists
• Midwives

If you or a loved one is severely injured or killed by a medical professional who failed to meet the standard of care, this may constitute malpractice. For an injury to be considered medical malpractice, it must meet specific criteria:

• The standard of care was not followed. California outlines the standard of care as the use of skill, knowledge, and care in diagnosing and treating patients.
• The medical personnel’s negligence directly led to their patient’s injury, illness, or death.
• The injury was severe.

Some of the most common forms of medical malpractice are:

Misdiagnosis

A misdiagnosis can happen when a medical professional fails to recognize symptoms, order medical testing, or refer a patient to a specialist. An incorrect or late diagnosis may result in the patient undergoing unnecessary treatments or not receiving timely care.

Failure to Provide Care

A medical professional can violate the standards of care by:

• Releasing a patient from the hospital too soon
• Failing to provide instructions or follow-up care
• Failing to order appropriate medical diagnostics
• Neglecting to review a patient’s medical history when prescribing medicine or treatment

Surgical or Procedural Errors

Surgical or procedural errors happen when surgery is performed on the wrong part of the body or on the wrong patient, medical devices or equipment are left inside the patient, or the medical professional fails to follow accepted surgical medical practices.

Childbirth/Obstetrical Injuries

Birth injuries to the baby are caused by a lack of proper prenatal care, such as improper use of forceps or the excessive use of force on the baby. These can cause severe injuries to the baby, including:

• Brain damage (such as cerebral palsy)
• Nerve or spinal cord damage (such as Erb’s palsy or brachial plexus injuries)
• Fractures
• Newborn jaundice
• Hemorrhaging
• Death

Birth injuries can also happen to the mother, such as a failure to prevent or treat severe bleeding. Additionally, a failure to perform a medically necessary cesarean section can impact her well-being by causing:

• Chronic pain
• Post-traumatic stress disorder (PTSD)
• Depression
• Anxiety

Prescription Drug Errors

Medication errors include being prescribed the wrong medication or the wrong dosage. It can also involve incorrectly administered or labeled medication.

What Is Not Medical Malpractice?

Not all medical injuries or fatalities result from malpractice. Sometimes, medical personnel do everything they are supposed to do, or accidents happen, and the patient still experiences a serious injury or death. Some situations that are not considered medical malpractice are:

• Worsening patient condition
• Poor bedside manner
• Untreatable patient condition
• Unsatisfactory outcome

In general, if there wasn’t negligent or reckless behavior committed by the medical professional, it is most likely not medical malpractice. The determination of medical malpractice is highly fact-specific, so it is recommended that you reach out to an experienced medical malpractice lawyer for legal guidance.

Proving Medical Malpractice Negligence

There are four essential facts that you must prove in a medical malpractice claim:

1. You had a valid doctor-patient relationship.
2. The medical provider violated the standard of care. Your medical provider isn’t perfect, but they must make decisions that others in their field would consider reasonable.
3. The violation of the standard of care caused you injury, illness, disease, or death.
4. There is proof that you suffered real, compensable damages.

To prove these, an attorney can gather medical records, depositions, and witness or expert testimony.

Medical Malpractice Compensation

In California, medical malpractice compensation can vary based on what is successfully proven in a court case. If the medical malpractice case is proven, you may be entitled to these types of damages:

• Economic Damages: Economic damages are tangible, quantifiable losses that were incurred as a result of the malpractice. These may include medical expenses, lost wages, rehabilitation costs, and other out-of-pocket expenses that are directly related to the injury.
• Non-Economic Damages: These damages are more subjective and cover pain and suffering, emotional distress, loss of enjoyment of life, and other non-monetary losses.
• Punitive Damages: Punitive damages are only awarded in rare situations when the court goes beyond compensating the victim. These damages are intended to punish the medical professional and deter them from similar conduct in the future.

Limits on Medical Malpractice Damages

California sets certain limitations on medical malpractice damages under the Medical Injury Compensation Reform Act. Currently, this caps non-economic damages at $350,000 in non-death cases, regardless of how severe the injuries are. This cap will be adjusted for inflation, increasing $40,000 a year through 2033 until it reaches $750,000. Then, it will increase by 2% each year afterward.

For a wrongful death case, the cap is at $500,000. It will increase by $50,000 annually through 2033 until it reaches $1,000,000. Then, the cap will increase by 2% each year going forward.

The Necessity of Oceanside Medical Malpractice Attorneys

Hiring a medical malpractice attorney is essential for your case. It can be difficult to navigate such a complex situation on your own, and doing so increases your risk of failure or being undercompensated.

Time is critical for medical malpractice claims in California, as the statute of limitations deadline for filing is three years after the injury or one year after the discovery or detection of the injury. It is ideal to start the legal process as soon as possible.

An experienced attorney can help you gather the necessary evidence and appoint reliable witness testimony. These can prove that you or your loved one’s injuries or death were caused by medical malpractice. Facing recovery is already difficult, so you can rely on Perry Personal Injury Lawyers to assist you in navigating the complexities of your medical malpractice claim.

Consult a Medical Malpractice Attorney

Perry Personal Injury Lawyers understands how challenging it can be to face the effects of medical malpractice, including mounting medical bills, loss of employment, disability, grief, and pain. If you believe that a medical professional harmed you or your loved one, contact our experienced medical malpractice lawyers. We can help you understand your rights and evaluate your case.