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The most disheartening aspect of medical malpractice cases is that people do not realize that they are victims until they have suffered in indescribable ways at the hands of negligent medical professionals who they were supposed to trust. The sad fact is that once medical malpractice occurs, victims’ lives can be destroyed and they may incur physical and economical damages. If you or a family member has suffered due to the negligence of a medical professional, now is the right time to get us involved.
Medical malpractice or medical negligence occurs whenever a medical care provider offers services that are “below the expected standard of care” in the medical community and thereby causes physical, financial or emotional damage to a patient. At Jeffrey D. Stulberg Law Office, we have successfully represented plaintiffs during all facets of medical malpractice litigation. We are more than prepared to handle cases involving brain and spinal cord damage, obstetrical and pediatric injuries, neurosurgical malpractice, negligent misdiagnosis and others. Below, you will find commonly asked questions that have been answered by our experienced medical malpractice lawyers.
What is medical malpractice or medical negligence?
When treating patients, medical professionals owe the following duties of care:
- The duty to have that degree of learning and skill ordinarily possessed by reputable physicians, practicing in the same or a similar locality and under similar circumstances;
- The duty to use the care and skill ordinarily exercised in like cases by reputable members of the profession practicing in the same or a similar locality under similar circumstances, and
- The duty to use reasonable diligence and his best judgment in the exercise of skill and the application of learning.
Anytime these duties are breached and the patient suffers an injury it is considered medical malpractice or medical negligence. A medical professional, such as a physician, is not negligent because he errs in judgment or because his efforts prove unsuccessful. The medical professional is negligent if the error in judgment or lack of success is due to a failure to perform any duties that are mentioned above. It is important to understand that there are many risks to various medical procedures and complications can be considered acceptable consequences under the law. At times, these recognized risks and complications can occur even with the best medical treatment.
When should I consider filing a medical malpractice claim?
You should consider filing a medical malpractice claim when you have a serious injury that will have lasting consequences or cannot be corrected with relatively safe and simple follow-up medical care. If the injury you have suffered is curable with brief, follow-up medical care, a medical malpractice claim may not be practical. Certainly, if a loved one has been injured or died due to what you believe may be medical negligence or malpractice, you should make sure that the case is immediately investigated.
How do I know if I have a medical malpractice case?
This is a difficult question to answer. Truthfully, this question can only be answered after a medical malpractice lawyer has a thorough understanding of your relevant medical history. When you get our practice involved, we will obtain and review all of your medical records. Then, we will consult with an expert medical doctor to determine whether or not negligence caused your injury or the wrongful death of a loved one.
It is important to know that by retaining a legal expert from the beginning of your proceedings, you will stand a better chance of being successful with your medical malpractice claim. At trial, the jury is told that they must determine whether malpractice occurred from the opinions of the physicians who have testified as expert witnesses. Therefore, retaining the right experts and resources is imperative and can be accomplished by working with us.
How long do I have to file my medical negligence claim?
Generally speaking, you have three years from the time malpractice occurred or one year from the time malpractice should have reasonably been discovered to file your claim in the State of California. Furthermore, a notice of intent to sue must be served to each health care provider (defendant) 90 days before your lawsuit is filed.
It is plain to see that medical malpractice is a complicated area of personal injury law. This is why it is so important that victims of medical negligence or malpractice work with a skilled and knowledgeable personal injury attorney.
To get the legal help you need for your medical malpractice claim, contact Jeffrey D. Stulberg Law Office to set up a free consultation with no obligation today!