San Diego Medical Malpractice Lawyer
A physician or similar medical professional is duty-bound to use their fullest expertise and skill when treating a patient. Numerous physicians and medical staff, however, fall short in this regard. They can make inexcusable mistakes that cause serious harm to patients.
A single medical error may mean a lifetime of suffering. One negligent act can result in illness or injury, and ripple on in terms of financial expenses, physical suffering, and emotional distress for the patient and their family.
Has this happened to you or someone you love? It may be a case of medical malpractice, and you may be entitled to compensation. Talk to us at Hamparyan Injury Lawyers. We are a trusted San Diego medical negligence law firm, ready to guide you through this stressful time and help you obtain the compensation you deserve.
Call us at (619) 550-1355 today for a free consultation.
What Counts as Medical Malpractice?
Not all poor medical treatment outcomes are due to malpractice. The scientific fields of medicine and health are not perfect, and there are many kinds of situations that may be out of a doctors’ hands. This does not excuse medical professionals who are negligent or fail to provide reasonable care to their patients.
What makes a valid medical malpractice case? The case must have these four elements:
- There was a doctor-patient relationship. It does not count, for example, if the patient simply overheard some medical advice from the doctor, or if the patient happened to read an article written by the doctor.
- The medical provider failed to uphold the standard of care for the patient. “Standard of care” means the type and level of care that any other doctor with similar training would have provided in the situation.
- The medical provider’s failure directly caused harm to the patient. Direct causation has to be concretely established. Many doctors defend themselves by saying that the patient’s injury is from a pre-existing condition that has nothing to do with the doctor’s actions.
- The patient’s harm has specific injuries and losses (legally called damages). “Injury” in this case may mean a new physical injury or an aggravation of the patient’s illness. The law recognizes damages such as medical bills, rehabilitation costs, pain and suffering, emotional distress, and more.
Various medical and healthcare professionals may be liable for malpractice. These include GPs, specialists, nurses, anesthesiologists, pharmacists, and even hospital administrators.
To establish the elements of a medical malpractice case, and to identify all potential liable parties, you’ll want to consult with an attorney who is competent in this field of law.
Types And Examples Of Medical Malpractice in San Diego, CA
A negligent medical error can occur with any medical process and procedure and at any point in the doctor-patient relationship. Take a look at these common scenarios:
Incorrect Diagnosis or Delayed Diagnosis
In our years of practice, we have seen many patients who have been sent home by their doctors with little more than a diagnosis of a simple body pain. Sadly, these patients later turned out to have been suffering from infections or tumors. The wrong diagnosis cost them valuable time and money, and sometimes led to critical conditions.
Emergency Room Errors
The ER is understandably a fast-paced, high-pressure environment. In some cases, it’s not the commotion that leads to errors, but the carelessness of medical providers. Since many ER patients are already in a serious condition, any negligent mistake by professionals can be life-threatening or fatal.
Millions of things can go wrong in a surgical operation, and a medical team cannot afford to take anything lightly. Surgical mistakes are not limited to those well publicized cases we hear about, where doctors somehow leave a sponge inside the patient’s body. There are also harmful anesthesia errors, complications from improper procedures, and infections from inadequate sanitation. Thus, a high standard of care applies to anesthesiologists, surgeons, specialists, nurses, and even to the hospital management which provides the equipment.
A mother and her baby are both at risk for injuries during labor and delivery. A birth injury to an infant can be particularly serious, as it may cause permanent damage. Examples are brain injuries like cerebral palsy, and shoulder injuries like shoulder dystocia.
Some physicians carelessly prescribe inappropriate drugs, outdated medications, and unsuitable procedures for their unsuspecting patients. Apart from creating unnecessary expenses for the patient, this action also delays the patient’s potential recovery and may even lead to more costly complications.
This goes beyond poor customer service at medical centers. Many hospitals unscrupulously drop patients, disregard proper maintenance for their equipment, fail to screen and train their staff, and ignore regulations in the medical industry.
Choose The Right Attorney For Your San Diego Malpractice Injury
At this point, you may still be confused or unclear as to exactly what went wrong in your treatment. But if you suspect that a doctor, nurse, or any other medical professional made a negligent mistake that caused your suffering, don’t hesitate to talk to a reliable attorney.
Medical malpractice cases are challenging, in part because you could face well-resourced doctors whose representatives are prepared to undermine your claim against them. Besides this, you are still trying to cope with the physical, financial, and emotional burdens that came with your illness or injury.
Seek a lawyer who is skilled, aggressive, and compassionate at the same time. You can find this at Hamparyan Injury Lawyers, our injury and malpractice firm trusted in San Diego and surrounding communities. Our clients consider us their legal ally for these reasons and more:
- You get highly effective legal service. We have a success rate of 98 percent, making us one of San Diego’s most effective firms. That means success for our clients, first and foremost. We’ve recovered over $200 million for them, including more than 40 individual cases that settled at $1 million and above.
- A hard-hitting lawyer is on your side. Our head attorney Robert Hamparyan is undaunted facing powerful individuals, companies, and insurers. He has stood up to all of them, in and out of court. And if your case goes to trial, Mr. Hamparyan has extensive trial experience in court.
- You risk nothing with our no-fee guarantee. When you’re still reeling from medical bills, legal costs should be the last of your worries. We understand this. You won’t have to pay us any lawyer fees unless and until we obtain an amount for you.
- You are treated with compassion. Our lawyers are tough when it comes to handling the case, but when it comes to you, our entire team makes it a point to be approachable and understanding. Our former clients can attest that this kind of service has helped them focus on their recovery and healing.
Consult With Us For Free
It’s best to act now, as California has deadlines for medical malpractice lawsuits, and that deadline may be as soon as one year from your injury.
Contact the Hamparyan Injury Lawyers. Your initial consultation with us is absolutely free and confidential. We can even visit you at home or at the hospital if needed. Call us today at (619) 550-1355 or use our online contact form.
I’m with you every step of the way.