What This Page Covers:
- Negligence: Medical malpractice claims arise from various forms of negligence, such as surgical errors, misdiagnoses, and medication mistakes, significantly impacting victims’ lives.
- Liability: Multiple healthcare providers, including doctors, nurses, and their employers, can be held accountable for failing to meet the accepted standard of care.
- Damages: Victims can recover economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, emotional distress), ensuring comprehensive compensation for their injuries.
- Advocacy: Callahan & Blaine’s experienced lawyers provide robust advocacy, guiding victims through the legal process to secure deserved compensation.
- Contact us today at (714) 241-4444 or through our contact form to discuss your options.
When a medical professional deviates from an accepted standard of care, you may seek a medical malpractice claim if you suffered harm under their care. These cases encompass various scenarios, from surgical errors and misdiagnoses to medication mistakes and birth injuries. For victims, injuries can be life-altering, involving physical pain, emotional suffering, and financial burdens due to ongoing medical treatments and loss of income. The San Diego medical malpractice lawyers of Callahan & Blaine are prepared to guide you through the legal process, advocating for you against large entities and their legal teams to help you recover the compensation you deserve.
From collecting and analyzing medical records to consulting with medical experts, we meticulously build a strong case to prove that the healthcare provider’s negligence directly caused the injury. Additionally, as one of the leading insurance experts in the nation, Partner Edward Susolik, we will handle all insurance negotiations on your behalf. We have handled over 1500 mediations in the last 33 years. By partnering with our knowledgeable San Diego medical malpractice attorneys, victims can focus on their recovery while we diligently work to secure medical expenses, lost wages, pain and suffering, and other related damages.
What Is Considered Medical Malpractice?
In California, medical professionals are required to meet specific standards of care. When evaluating whether a healthcare provider has breached these standards, several factors are considered. One key aspect is establishing whether a duty of care exists between the medical provider and the patient.
Once this duty of care is confirmed, the next step is to determine if it was breached. This involves assessing whether the medical professional acted in a manner consistent with what a similarly trained and experienced professional would have done in the same situation.
Medical malpractice claims arise from various situations, including the following:
- Failure to diagnose a medical condition
- Misdiagnosis of a medical condition
- Surgical errors
- Inadequate patient monitoring before or after a procedure
- Prescription errors
- Anesthesia mistakes
- Failure to follow up on test results
- Allowing healthcare-acquired infections
- Not adhering to patient fall protocols
This list is not exhaustive, and there are many ways medical errors can occur. If you were harmed due to a medical provider’s negligence in San Diego, contact the team at Callahan & Blaine as soon as possible.
Who May Be Liable for Medical Malpractice?
In California, various parties can be held responsible for medical malpractice. Any medical professional who fails to meet the acceptable standard of care could face a lawsuit from the injured party. This includes a wide array of healthcare providers, such as:
- Physicians
- Surgeons
- Nurses
- Paramedics and EMTs
- Optometrists
- Dentists
- Physician’s assistants
- Pharmacists
Additionally, the organizations where these individuals work can also be held liable. Under the principle of vicarious liability, these facilities can be held accountable not only for their own negligence but also for the negligence of their employees.
Medical Malpractice Statute of Limitations Overview
Each state has specific time limits for filing medical malpractice lawsuits. In California, victims generally have three years from the date of the injury or one year from when the injury was discovered or should have been discovered, whichever comes first.
For minors under 18, the lawsuit must be filed within three years of the alleged malpractice. However, if the child was under six years old at the time of the injury, the claim must be filed within three years of the malpractice or before the child’s eighth birthday, whichever period is longer.
Potential Damages in a Medical Malpractice Case in San Diego
When pursuing a medical malpractice case, you may be entitled to recover various types of economic and non-economic damages to compensate your injuries. These damages are broadly categorized into the following:
- Medical Expenses: Losses for medical treatment, hospitalization, surgeries, and future medical care.
- Lost Wages: The income lost due to the time off work during recovery, as well as any lost or diminished earning capacity if the injury results in long-term or permanent disability.
- Rehabilitation Costs: Expenses for physical therapy, occupational therapy, or other rehabilitation costs necessary for recovery.
- Home Care and Assistance: Costs associated with in-home care or modifications needed to accommodate disabilities caused by the malpractice.
Additionally, the following are non-economic damages you may be entitled to recover in a medical malpractice case:
- Pain and Suffering: Losses for physical pain and emotional trauma suffered as a result of the malpractice.
- Loss of Enjoyment of Life: Damages for the diminished quality of life, resulting in the inability to enjoy daily activities, hobbies, and other aspects of life that were impacted by the injury.
- Emotional Distress: Compensation for psychological impact, including anxiety, depression, and trauma resulting from the malpractice incident.
- Loss of Consortium: If a spouse or family members suffered the loss of companionship, support, and affection due to the victim’s injury, they may be eligible for compensation.
Punitive damages may be given in rare circumstances to punish particularly egregious or reckless behavior by the healthcare provider and to deter similar conduct in the future.
Each medical malpractice case is unique, and the specific damages depend on the details of the case and the severity of the injuries sustained. Consulting the experienced medical malpractice attorneys in San Diego at Callahan & Blaine is essential for accurately evaluating and pursuing the full extent of losses to which a victim may be entitled.
Contact the Medical Malpractice Lawyers in San Diego of Callahan & Blaine Today
The team at Callahan & Blaine is committed to helping victims of medical malpractice navigate the complexities of the legal system and secure the compensation they deserve. With our extensive experience and dedication, we stand ready to advocate for your rights. Our firm’s history of substantial settlements and verdicts, including the largest jury verdict in Orange County history, demonstrates our capability and commitment. Let us handle the legal challenges while you focus on your recovery.
Contact us today at (714) 241-4444 or through our contact form.
