Strong Legal Representation For La Jolla

When Your Doctor Breaks Your Trust And Causes You Harm

No one looks forward to sitting in a dentist’s office or visiting the doctor. However, when you visit the doctor or dentist, you don’t expect to leave with a new or worsened injury. Medical and health care professionals owe patients a certain standard of care. When they breach their duty and cause harm, you may be entitled to file a medical malpractice claim and seek compensation for your suffering.

Attorney David Kaufman in La Jolla has years of experience helping clients file medical malpractice claims. He understands the stress you are under. Not only has your doctor or dentist breached their duty to you, but they have also broken your trust. Now, you may face years of recovery and continued medical care and therapies. All of this adds up, and you may miss time from work and lose wages as a result. He knows the toll a medical mistake can take on you and is prepared to help you hold your doctor accountable and get the compensation you deserve.

What Counts As Medical Malpractice?

Several actions by providers can count as medical or dental malpractice. Learn what constitutes both.

Medical Malpractice

Examples of medical malpractice include:

Misdiagnosis: Failing to accurately diagnose a medical condition or diagnosing patients with a condition they don’t have.
Surgical errors: Leaving surgical instruments inside patients, failing to follow proper sterilization procedures before surgery, performing surgery for the wrong condition or on the wrong part of the body, and giving patients too little or too much anesthesia.
Medication errors: Prescribing the wrong medication, prescribing an improper dose of medication or failing to consider how different medications may interact with each other when prescribing them to a patient.
Birth injuries: Failing to perform timely cesarean sections, accidentally constraining the baby’s oxygen during birthing, improper use of medical equipment.
Informed consent: Failing to inform patients about the risks or alternatives to specific medical procedures.

There can also be a lot of overlap between medical and dental malpractice. Speak with one of our attorneys to find out if you might be a victim. Call 619-830-4328 today.

Holding Medical Professionals Responsible For Their Mistakes

Medical or dental malpractice cases stem from incidents involving mistakes, poor judgment calls or negligent care and can cause serious or worsened injuries.

Causes of medical malpractice injuries and cases often include:

Anesthesia errors
Birth injuries
Misdiagnosis
Medication errors
Surgical errors
Defective medical equipment
Improper monitoring

Attorney Kaufman will evaluate your case and explain your options for compensation. He understands how overwhelming these cases can be and will take the time to talk through every step with you so that you feel comfortable and informed throughout your case. Depending on the facts and circumstances of your case, you may be able to obtain compensation for your medical expenses, lost wages, and pain and suffering.

How Do You Prove Medical Malpractice?

Proving that you are a victim of medical malpractice can come with unique challenges. However, it isn’t impossible. Here are the four things you need to prove your provider behaved negligently, according to the National Institutes of Health:

The provider owed a duty of care to you.
The provider breached or violated that duty of care.
The provider directly caused the injury you felt.
The injury you felt resulted in serious damages or death.

It can feel devastating when the person you placed your life and trust in behaves negligently. However, you can seek justice and accountability for the harm they caused you.

Is There A Statute Of Limitations In California For Medical Or Dental Malpractice?

California’s statute of limitations for medical malpractice cases is typically around three years. However, like other statutes of limitations, there can be exceptions. Some of those exceptions include:

The medical provider behaved fraudulently.
The case involves a minor.
If a foreign object, like a surgical instrument or other medical tool, was left inside you.

Under these instances, the statute of limitations for medical malpractice cases can be extended.

For dental malpractice cases, the statute of limitations is also three years.

Are Medical Malpractice Suits Hard To Win In California?

Like any other legal matter, winning a medical malpractice lawsuit presents several potential challenges. As the plaintiff, the burden of proof lies heavily on you, requiring you to demonstrate that health care provider negligence directly caused your injury.

Substantial evidence is usually necessary to establish that the provider deviated from the accepted standard of care. Sources of evidence to consider include:

Medical records detailing your treatments and procedures can establish the standard of care provided and identify deviations.
Expert testimony from medical professionals familiar with the expected standard of care can help show causation and injury extent.
Diagnostic test results (X-rays, MRIs, blood tests) can help reveal misdiagnosis or failure to diagnose.
Treatment plans and notes from health care providers can highlight any inconsistencies or errors in the care provided.
Medication records showing prescribed medicines, dosages and administration times can help prove medication errors.
Financial records, like doctor bills and receipts, as well as proof of lost wages, can show the need for substantial compensation.
Independent medical examinations: Reports from independent medical examinations can offer an unbiased assessment of your condition and the scope of your injury.

Personal journals or accounts documenting how the malpractice injuries impacted your life can also play a role in winning your case. They can provide a persuasive human perspective on your ongoing pain, suffering and the daily challenges you face due to the injuries.

The complexity of the statute of limitations can pose additional hurdles in winning your lawsuit. California generally provides one year from the date the injury was discovered or three years from the injury date, whichever comes first, to file a medical malpractice lawsuit.

Compared with other states, this is a short time frame to gather evidence and build a well-constructed case. It takes a dedicated attorney to develop a winning strategy in so short a time.

Fortunately, you have come to the right place. Attorney Kaufman’s experience and proven track record can help you increase your odds of winning your lawsuit substantially.

Don’t Wait To Get Started On Your Recovery

The sooner you contact an experienced medical and dental malpractice attorney, the better your chance of obtaining the maximum compensation possible. Contact the Law Offices of David A Kaufman to learn more about how attorney David Kaufman can help you. Call 619-830-4328 or complete an online contact form to get started.