In many ways, we quite literally trust physicians with our lives. Fortunately, California is home to some of the most accomplished physicians in the country, however, there are exceptions. If you are someone who was harmed significantly by a physician’s negligence, you most likely feel angry, betrayed, and are looking to be compensated for the damages you’ve sustained. That’s where we come in. Contact a knowledgeable and dedicated Contra Costa County injury lawyer from O’Connor Law APC for comprehensive representation in your medical malpractice case.
Common Examples of Medical Malpractice
Medical malpractice can take many forms, but at its core, it involves a healthcare provider failing to meet the accepted standard of care, resulting in harm to a patient. Some of the most common types of medical malpractice we see are as follows:
- Misdiagnosis or Delayed Diagnosis: When a physician fails to correctly identify a medical condition, or delays doing so, it can allow a disease or injury to worsen unnecessarily.
- Surgical Errors: Operating on the wrong body part, leaving surgical instruments inside the patient, or committing preventable mistakes during surgery can have devastating consequences.
- Anesthesia Errors: Administering too much or too little anesthesia, or failing to monitor a patient properly during a procedure, can lead to serious injury or death.
- Birth Injuries: Mistakes made during pregnancy, labor, or delivery—such as failing to perform a timely C-section or misusing delivery tools—can result in long-term harm to both mother and child.
- Medication Errors: Prescribing the wrong drug, wrong dosage, or failing to account for dangerous drug interactions can cause severe or even fatal complications.
- Failure to Treat: Even when a diagnosis is correct, a physician’s failure to provide appropriate or timely treatment can lead to worsening health outcomes.
- Infections Due to Poor Sanitation: Hospitals and clinics are required to maintain sterile environments. Infections stemming from unsanitary conditions are often preventable and may be grounds for a malpractice claim.
- Failure to Obtain Informed Consent: If a healthcare provider fails to fully inform a patient of the risks associated with a treatment or procedure, and the patient suffers harm as a result, that provider may be held liable.
- Radiology Errors: Misreading X-rays, MRIs, or other diagnostic imaging can lead to incorrect or missed diagnoses that delay critical care.
- Emergency Room Negligence: In the fast-paced ER setting, errors such as incorrect triage, misdiagnosis, or premature discharge can be life-threatening.
If you’ve experienced any of these or suspect another form of negligence, it’s important to speak with a qualified medical malpractice lawyer right away.
Proving an Incident of Medical Malpractice
Not every poor outcome in a medical setting is grounds for a lawsuit. To successfully bring a medical malpractice claim in California, you and your Contra Costa County injury lawyer will have to prove the following elements:
- Duty of Care: You must show that a formal doctor-patient relationship existed, meaning the provider owed you a duty to act in accordance with the accepted standard of care.
- Breach of Duty: Next, it must be proven that the provider violated or fell short of that standard. This often requires expert medical testimony to show how a competent professional would have acted differently under similar circumstances.
- Causation: There must be a clear connection between the provider’s negligence and the injury or harm you suffered. In other words, it’s not enough to show a mistake was made; you must demonstrate that it directly caused your damages.
- Damages: Finally, you must prove that you suffered measurable losses as a result of the malpractice. These can include physical pain, emotional distress, additional medical expenses, lost income, and more.
Statute of Limitations for Medical Malpractice Claims in CA
In California, medical malpractice claims are subject to strict time limits, known as the statute of limitations. Generally, you must file your lawsuit within one year from the date you discovered, or reasonably should have discovered, the injury–but no more than three years from the actual date the malpractice occurred, whichever comes first. That said, there are a few important exceptions and nuances to this rule:
- Minors: If the victim of malpractice is under the age of 18, they typically have until their eighth birthday to file a claim, or within three years of the alleged malpractice, whichever is later.
- Fraud or Concealment: If a healthcare provider deliberately concealed their wrongdoing, the statute may be tolled (paused), giving you more time to bring a claim.
- Foreign Objects: In cases where a foreign object (like a surgical sponge or instrument) is left inside the body, you have one year from the date the object is discovered to file a claim, regardless of when the procedure occurred.
Contact an East Bay Injury Lawyer
We know that life after an incident of medical malpractice can be extremely difficult. That’s why you have our pledge to fight for every dollar of compensation you’re entitled to so you can pick up the pieces and move on. Contact a skilled and aggressive California medical malpractice lawyer from O’Connor Law APC for a free initial consultation today.
