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SFV Medical Malpractice Attorneys

San Fernando Valley Personal Injury Lawyer

Medical malpractice can be one of the most dangerous and traumatic types of negligence. When the professionals trusted with the health and well-being of their patients fail to provide service that meets the standard of care required by their field, the patient can experience unavoidable and unnecessary harm.

Such negligence should not be tolerated by either the medical community or the patient community. This is why there is the option of filing a malpractice claim against the medical expert responsible for your injury. If you suffered unnecessary pain because of medical negligence, not only are you entitled to compensation but the medical professional responsible should be penalized for their actions.

What is Medical Malpractice?

In the medical community, medical professionals are held to an even higher standard of care than the public community simply because of the direct influence they have over the health and well-being of those they treat. Malpractice occurs when one of these health care providers falls short of that standard and does harm to their patient rather than good. Such negligence can occur at any location where health care is provided such as a hospital, private practice or surgery center.

Medical malpractice claims most commonly arise from medical errors such as:

  • Misdiagnosis/Failure to Diagnose: As the most frequent medical malpractice complaint, misdiagnosis claims account for over 40 percent of all medical malpractice claims per year. Doctors who are negligent or hurried when diagnosing a patient's symptoms can easily miss warning signs of a greater problem. The most commonly misdiagnosed conditions can result in serious and even fatal consequences for the patient and can include appendicitis, heart attack and even cancer. Misdiagnosis often leads to a delay in the right treatment, which is where the injuries come from because the condition left untreated is allowed to develop further and cause even more harm to the patient.
  • Surgical Errors: There is seldom a time when one is more at the mercy of another human being's hands than in the operation room. There is an expectation that doctors, nurses and operation room technicians will exercise the utmost care when performing a surgery. Mistakes such as anesthesia error, incorrect incisions, leaving surgical tools in the body and even performing the wrong surgery altogether are some surgical errors that may call for a medical malpractice claim against those responsible for the error.
  • Birth Injuries: When medical negligence makes an appearance in the maternity ward, the number of patients susceptible to injury increases from one to two because of the infant whose life depends on the health of the mother and the expertise of the medical team on the case. Neglecting signs of fetal distress or birth complications can delay necessary treatment such as emergency caesarean sections. Medical malpractice in this area of medicine can lead the child to suffer injuries such as brain injury, development complications and even death.
  • Emergency Medicine Errors: The emergency room is one of the most hectic departments of any medical facility. Despite the fast-paced environment, doctors and nurses are still required to meet a standard of care when treating patients. Negligence in the emergency room can lead to delayed treatment and medical errors later on in the treatment of the patient. Patients who go to the emergency room are already injured or ill. Medical errors can easily worsen the preexisting condition and bring on additional complications.
  • Prescription Drug Errors: Studies show that medication and prescription mistakes injure nearly 1.5 million patients per year. These errors can find their origin in pharmacies, hospitals and even nursing homes. While doctors are responsible for prescribing medication that is inconsistent with the patient's medical history, patients can guard themselves from serious injury by double checking the drugs they are given.

Malpractice can result from any medical procedure where the doctors or nurses involved were not fulfilling their duty such as the emergency room, the operation room or the maternity ward. Such negligence is usually due to distracted behavior, inadequate training and preparation, shoddy administrative work and over work.

These factors can lead to serious injury to the patient through surgical errors, misdiagnosis, improperly prescribed medication and incorrect administration of medical treatment. The expectations are high for health care providers but that is no excuse to lose focus when treating another human being.

Filing a Malpractice Claim

Simply suffering from medical mistake does not necessarily qualify it as medical malpractice. There are several elements that must be proven in a successful malpractice claim. The injured patient must be able to show that the defendant doctor had an established duty of care prior to the injury.

This can be demonstrated through showing an established doctor-patient relationship where the doctor had a direct influence on the medical treatment received by their patient. Not only this, but the patient must then prove that their injury was the direct result of the action, or lack of action, on the part of that doctor.

Patients fail to realize that mistaken treatment can be caused by more than just their doctor but can also result from bad test results or equipment malfunction. In such instances, someone is still at fault for injury, but it is not the doctor or nurse who acted upon what they understood to be accurate information.

However, if the doctor or nurse did have a direct role in inflicting unnecessary harm on the patient through negligence care, then he or she is responsible and can be held liable through a malpractice claim.

Malpractice Attorney in San Fernando Valley

Cases of medical malpractice are especially sensitive given their unique nature. Not only does the victim suffer harm but their trust in the health care system is tainted by one bad experience.

At The Law Offices of Gerald L. Marcus, our personal injury attorneys approach such cases with a special kind of care for our clients and their situation. While maintaining the utmost compassion for our clients, we then apply an aggressive work ethic towards proving that the injuries our clients suffered resulted from a wrongdoing by a health care provider.

If you or someone you know is wondering if they have grounds to claim medical malpractice and gain compensation for your injuries, contact a San Fernando Valley personal injury attorney at The Law Offices of Gerald L. Marcus to receive an evaluation on your case totally free of charge.

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