Medical malpractice claims are some of the hardest cases to prove. You’ll need a law team with the financial resources to build an airtight case, access to medical experts, the ability to take the case to trial, and a vast amount of medical knowledge. Your lawyer should be able to provide a vigorous defense against malpractice insurance attorneys.
The medical malpractice lawyers at the Disability Help Center in San Diego County have the necessary skills and resources to handle complicated cases. For years, we’ve fought to improve the lives of patients who have been negatively affected by a medical provider’s negligence. If you’ve been hurt due to a medical error or doctor’s mistake, call us today at 1-888-418-8860 to schedule a free initial consultation.
Failing to Diagnose a Condition Can Be Deadly
One mistake that doctors and healthcare providers are likely to make is failing to diagnose a patient in a timely manner. Breast cancer is a disease where quick treatment and surgery can save a woman’s life if a suspicious mammogram is analyzed correctly and acted on immediately. However, misdiagnosis or failure to diagnose can give the cancer time to grow and metastasize, making it a deadly threat.
Birth injuries can result when a doctor fails to notice that an infant is in distress. Skin cancer can be deadly if it isn’t diagnosed and removed quickly. Patients misdiagnosed with digestive issues when they’re having a heart attack can be in real trouble.
Our San Diego medical malpractice lawyer team handles a variety of malpractice cases. These include improperly managed anesthesia during surgery, leaving objects in the body during surgery, or performing the wrong surgery.
Unfair Financial Cap on Pain and Suffering in California
Back in the ‘70s, there was a doctor strike in California for physicians who wanted a new law that limited pain and suffering awards to $250,000. The law was originally deemed unconstitutional by the state’s Supreme Court, but once a new justice was appointed, the ruling was reversed. Medical malpractice insurance carriers considered this law a big win, but it was truly a loss for patients who have suffered unnecessary harm at the hands of a doctor or another medical provider. However, there is no cap on the number of compensatory damages a victim may sue for in a professional medical malpractice case.
How to Prove Professional Negligence in San Diego
If a medical provider fails to use the same level of care, knowledge, and skill another reasonably careful practitioner would in the same circumstance, they are negligent in providing the proper duty of care. To establish this for your case, you will have to provide the expert testimony of at least one professional witness.
Also, you have the burden of showing the court that the breach in the standard of care is what caused your injuries. Just because you received the wrong diagnosis or treatment doesn’t give you the right to collect. The doctor’s actions or inactions must have specifically led to your injury.
As the best medical malpractice lawyer in San Diego, our legal team also relies on the doctrine of res ipsa loquitur. This doctrine states that a provider is negligent if the instruments were completely within their control and the patient was injured in a way that normally doesn’t occur without negligence.
When you’re ready to discover the top medical malpractice lawyers near me, look no further than the Disability Help Center in San Diego. With years of experience, we welcome your questions about medical malpractice. Call us today at 1-888-418-8860 or contact us online to schedule a free case evaluation. We’ll help you obtain the compensation you deserve to pay your medical bills and other accident-related expenses.