If your close family member was the victim of medical malpractice and did not survive the harm they suffered from substandard medical care, you might wonder if the at-fault parties can be held accountable for their actions. In situations of medical malpractice and wrongful death, seeking justice for loved ones is possible.
A negligent healthcare professional or facility will likely arm themselves to the teeth with lawyers to fight against a medical negligence lawsuit. For this reason and others, you will want to have a Abogada de lesiones personales on your side who handles medical malpractice and wrongful death cases. You do not have to go through this difficult time alone. We can help you take legal action for a loved one’s untimely death.
California Medical Malpractice Cases and Errors Healthcare Professionals Can Make
You can file a lawsuit in California if a healthcare provider’s substandard medical care harmed you. Common types of medical malpractice include the following:
- Medication errors, such as prescribing the wrong dosage or medication the patient is allergic to.
- Lack of informed consent, which is when the doctor exceeds the scope of the consent the patient gave, or the healthcare professional does not warn the patient about possible complications of a medical intervention.
- Errores quirúrgicos, including operating on the wrong side of the body or performing the wrong surgical procedure.
- Failing to diagnose a significant medical condition or diagnosing the wrong condition.
Many other scenarios could give rise to a medical negligence lawsuit against a healthcare professional or facility.
Can I Sue a Doctor or Hospital for an Unfavorable Medical Outcome?
It depends. An unfavorable result alone will not support a medical malpractice case. However, if you suffered an adverse outcome because of a healthcare facility or professional’s medical negligence, you might have grounds for a medical malpractice claim or lawsuit.
“Medical negligence” is when the medical care you received did not meet the standard of care, skill, and knowledge that other medical practitioners would have exercised in similar situations. In other words, the medical attention you received was substandard.
An unfavorable outcome is not enough for a malpractice case because doctors who treat high-risk patients or people with terminal medical conditions would be sued all the time, no matter how high the quality of their medical care is. Also, the law does not hold medical professionals to a standard of perfection. Human beings are not perfect. They should, however, do their best to deliver high-quality medical care to their patients.
An Attorney Can Seek Recoverable Damages for California Medical Malpractice and Wrongful Death Lawsuits
If your loved one survived the injuries they suffered from medical malpractice, they could seek monetary damages for their losses. Common damages in these cases include the following:
- The cost of the medical care your loved one needed to treat the harm from medical negligence.
- The increased costs to treat the underlying medical condition above and beyond the initial procedure. Usually, the patient cannot recover the medical expenses for the original treatment because they would have incurred those costs anyway, even if there had been no malpractice.
- Lost wages for unpaid income when your loved one could not work because of the injury from malpractice.
- Pain and suffering for the physical discomfort and emotional distress your relative endured because of medical negligence.
If your loved one lost their life because of substandard medical care, your family could recover financial compensation to cover economic losses, such as funeral expenses, burial costs, and other compensatory damages. A hospital negligence lawyer could explain these and other damages that apply to your case.
You Have a Limited Time to File a Medical Malpractice Lawsuit in California
The filing deadline for a medical malpractice lawsuit in California can be confusing. The general statute of limitations for a medical malpractice case is the earliest of three years from the date of injury or one year from the date of discovery under CCP § 340.5. The usual two-year filing deadline for wrongful death under PCCh § 335.1 does not apply to death from medical malpractice.
Instead, the decedent’s family must file a lawsuit within the earliest of three years from the decedent’s death date or one year from the date they discovered that medical malpractice caused the decedent’s death. Also, there are several exceptions to these deadlines, which our wrongful death lawyer can explain if they affect your case.
California law can forever bar you from seeking compensation if you miss the medical malpractice or wrongful death statute deadlines. Negotiating with the healthcare provider or insurance company does not satisfy the statute of limitations.
You Can Seek Justice for Your Loved One’s Medical Malpractice and Wrongful Death – Call Us Today
Most personal injury lawsuits settle without going to trial. A personal injury attorney from KJT Grupo de Derecho could negotiate on your behalf to seek a medical malpractice settlement
and help you navigate the wrongful death claim process.
Our medical malpractice attorneys can explain what state laws apply to your situation and answer questions specific to your loved one’s medical injuries. They can also explain how to go about recovering fair compensation for wrongful actions that led to a fatal injury. They also can help you gather relevant evidence to prove your claims. You can reach out to us today for a free, no-obligation consultation.