Patients trust their doctors, surgeons and corresponding medical facilities with the proper medical care needed for their ailments. Unfortunately however many patients are not given the proper medical treatments resulting in either an exacerbation of their ailments or the development of new injuries. Patients who have suffered harm due to a medical mistake are entitled to monetary compensation for any damages incurred.
Who We Are – Attorneys Serving California: We are proud to represent victims of personal injury across the San Joaquin valley including Bakersfield, Stockton, Fresno, and Modesto. Below you will find important information regarding claims against medical practitioners. If you have any further legal questions after reading this article feel free to contact our law offices. All legal consultations and case reviews are provided free of charge.
Ten Most Common Medical Errors in Hospitals in California:
Birth Injuries – OBGYN delivery malpractice: The delivery process requires the proper implementation of systems and coordination amongst hospital staff and the practicing obstetrician in order to reduce the probability of harm to the child and the birthing mother. Unfortunately however systems and communications can break down resulting in lifelong medical complications including brain damage resulting from loss of oxygen, cerebral palsy, erbs palsy, umbilical cord detachment, and PPHN – persistent pulmonary hypertension.
Missed Diagnosis or Late Diagnosis of Cancer: Early detection of and treatment for cancer greatly reduces the probability of harm and death. Every year thousands of patients die because of the failure of their practicing medical physicians to conduct the proper tests required in order to detect cancer. What’s more many oncology departments fail to provide the proper medication for the specific diagnosis. Other common missed or late diagnosis resulting in great harm and or death include failure to diagnose heart attacks, strokes, pulmonary embolism, ectopic pregnancy, and heart failure.
Gallbladder Removal Surgery Malpractice: Many patients with a history of gallstones opt to have their gallbladder removed. The majority of gallbladder removal procedures are conducted using the laparoscopic method. Unfortunately the use of minimally evasive procedures often result in an increased probability of certain complications chief amongst them the cutting, severing on nicking of the bile duct. Many surgeons using the laparoscopic method do not have the experience and or skills needed to perform the procedure.
IV Infiltration Injuries: Many patients require the insertion of catheters intravenously in order to be supplied the fluids and nutrients needed during their stay at the hospital. Unfortunately practicing nurses fail to insert the IV properly resulting in the leakage of fluids into the tissue of the patient. The overloading of the fluids can result in severe side effects including nerve damage, necrosis of the surrounding tissues and serious infections. Hospital staff is required to check IV’s routinely.
Pharmaceutical Errors: Receiving Incorrect Medication from a Pharmacist: According to the Food and Drug Administration medication errors result in 1.3 million injuries and hundreds of deaths each year. Common medication errors include failure to provide for proper labeling signifying the side effects and drug interactions with the medication prescribed, failure of the prescribing doctor to prescribe the proper medication, illegible prescription writing, providing the patient with the incorrect dosage, and providing the wrong medication to the patient.
Operating on the Wrong Body Part – Operating on the Wrong Patient: Surprisingly, wrongful operations due to mix ups at a hospital or surgery center are more common than most believe. According to various studies wrongful operations account for one percent of all medical errors claims against hospitals in the United States.
Hospital Infections: One of the most common causes of death in hospital is the contraction of deadly infections during a patients stay. Common infections which can result in severe medical complication and death include the following:
- Pneumonia – according to the CDC more than 150,000 patients at hospitals contract pneumonia during their stay.
- Urinary tract infections caused by catheters.
- Necrotizing fasciitis – otherwise known as the flesh eating virus.
- MRSA – a dangerous staph infection. According to studies staph infections result in thousands of deaths each year.
- Contraction of sepsis in the bloodstream resulting in septic shock.
- Bacterial meningitis.
Emergency Room – Triage Mistakes: Due to their chaotic and often overcrowded nature emergency rooms and urgent care centers are a hotbed of medical mistakes by nurses, and doctors. In many cases patients in emergency rooms are not provided with the medical care they need in a timely manner. In other cases medical providers fail to provide the proper testing needed in order to assess the medical emergency they have.
Anesthesia Errors: Aesthesia negligence can result in serious harm to the patient. Anesthesiologists are required to follow strict guidelines. Prior to the commencement of an operation they must properly inform the patient of all known and common risks associated with the use of an anesthesia; second they are required to view a patient’s medical history in order to assess risk factors. They must then educate the patient of dietary restrictions before and following the operation. An anesthesiologist must then properly incubate the patient, provide the right amount of medication based on the person’s physical attributes. Common injuries can include the death of the patient, heart attack, loss of oxygen to the brain resulting in severe brain damage, pulmonary embolism and stroke.
Orthopedic and Neuro-Surgery Malpractice: Some of the most common orthopedic surgeries resulting in malpractice include the following.
- Total knee replacement
- Repair of broken hand and wrists
- Rotator cuff repair
- Ankle surgery
- Spinal surgery – including fusion surgery, disc replacement.
Nursing Room Malpractice – Elder Abuse: In the state of California victims of nursing home errors and abuses are able to file a medical malpractice claim. The State of California has afforded special rights to residents of nursing homes and elderly care centers. The state’s Welfare and Institution protects the rights of the elderly against the following.
- Abandonment and forced isolation.
- Neglect by the case giver in a nursing home.
- Physical and mental abuse.
- Financial abuse.
Contraction on Bed Sore: A large number of patients in hospitals and assisted living nursing homes are immobile and thus are not able to shift their body while lying on a bed. Hospital staff are required to actively monitor these clients, change their sleeping position every few hours and routinely inspect for bed sores. There are several degrees or stage of bed sores.
- Stage one: Redness and dark pigmentation of the affected area. With sensitivity to the touch.
- Stage two: Thickening and blistering of the affected region. Increase in pain and an opening of the wound.
- Stage three: Full opening of the wound past the epidermis and into the tissue with possible serve damage and severe infection.
- Stage four: Extreme tissue loss down to the bone, necrosis of the tissue and infection of the bone. Severe ling term nerve damage and gangrene may require amputation of the limb.
Surgery Errors – Leaving Surgical Tools in a Body Part: The most common item left in the cavity of a surgical patient is a sponge. According to various studies sponges amount to close to 70 percent of all items left in a patient. Other common items left following a procedure are needles, retractors and forceps.
Failure to Properly Inform Patients of Potential Risks and Side Effects: Lack of communication with a patient by the practicing medical provider is one of the most common causes of unnecessary harm. Practicing physicians owe a duty their patients to properly inform them of all known and common potential risks associated with the treatment prescribed. Providing such information will allow a patient to make an informed decision and provide informed consent for the treatment of procedure. Common cases where informed consent is not provided include the following.
- Failure to provide informed consent for a circumcision on a new born.
- Failure to provide informed consent before performing a c-section on a pregnant mother.
- Surgeon going beyond the scope of the consent during surgery – for example during a routine bunion removal surgery the podiatrist notices a loosened ligament and performs a tightening of the ligament. Another common example would be a gallbladder removal procedure where the surgeon decides to remove a patient’s appendix without prior consent.
Cosmetic Surgery Mistakes: There are more cosmetic elective surgeries performed in California than any other state on the county.
- Liposuction complications: There are over 300,000 liposuction procedures performed yearly making it the most common cosmetic surgery procedure in the United States. Liposuction surgeries should not be taken lightly. According recent studies more than 10,000 patients suffer from severe complications due to this procedure.
- Other common issues with cosmetic surgeries include the contraction of severe infection, toxic shock, use of the wrong sized implant, implant leaks, scarring and nerve damage.
Falls from Hospital Beds: This also included falls from examination and diagnostic beds such as MRI, CT-Scans and X-rays machines. Often patients are under the influence of medications which can leave them drowsy and unable to walk or lie still in a bed. Hospitals are required to place protective bed rails, monitor the patient or apply straps so as to prevent such falls. In many cases victims will suffer from severe injuries including broken bones, internal hemorrhaging and organ damage, head trauma resulting in a traumatic brain injury, and facial fractures.
How to Prove Medical Negligence in the Court of Law: Medical malpractice is perhaps the most complication field of personal injury law requiring expert legal attention with years of experience in the field. Medical malpractice cases are predicated on a negligence theory of recovery. There are four elements which need to be proven in order to establish negligence. Below you will find a detailed analysis of what is required in order to prove medical malpractice in the court of law.
- Did the medical provider owe a duty of care to the patient: Medical provide owe a duty to provide a standard of care established by their profession with respect to the ailment that is being treated. For example a pediatric oncologist is required by his medical specialty to inform parent of the patient as to the course of chemotherapy treatment. The standard of care would then be to properly inform the parent of the patient. A plaintiff will have to show that they were under the direct care of the physician who is being sued. Note: Doctors and other medical providers do not owe a duty of care to provide medical assistance on emergency situations in a public setting.
- Did the medical provide breach his duty of care to the patient: Breach of a duty of care takes place if the medical provider fails to abide by the set criteria established by his specialty?
- Was the breach of the duty of care the cause of the injuries suffered by the patient?
- Was there actual, discernible and diagnosable harm suffered by the claimant / patient
California Medical Malpractice Laws – Restrictions on Patients Right to Recovery: In the 1970s the medical profession teamed up with major insurance companies to curtail the rights of patients from attaining justified recovery for damages due to negligent medical conduct. The original purpose (justification) for the law was to reduce the cost of medical care in California by way of restricting the amount of compensation victims could receive for their injuries from at fault medical physicians and medical facilities including hospitals, emergency rooms, pharmacies, and medical laboratories. There are several restrictions the law placed. Below you will find a list and brief discussion of California MICA restrictions:
Individuals and Facilities That Fall under the Term Health Care Provider: All medical errors or acts of negligence or wrongful conduct performed or under the care of a “medical provider” fall under California’s MICRA laws. Medical providers include licensed medical physicians, EMTs (emergency medical technicians, psychologists and psychiatrists, medical students practicing lawfully in a medical facility, blood banks and sperm banks, skilled nursing facilities and residential care facilities, registered nurses, MRI and other imaging facilities.
Change in Statute of Limitations Medical Errors Claims in California: Before MICRA victims of medical negligence had two years from the date of harm to file a civil claim in the court of law. Currently victims of malpractice have only one year to file a civil claim. More so, a 90 day notice has to be provided before the commencement of a lawsuit.
Attorney Fee Provisions: MICRA placed specific limits on fee agreement between an client and attorney for medical malpractice matters.
- An attorney can only charge a 40% contingency fee on the first $50,000.00 recovered.
- An attorney can only charge 33.33% contingency fee on the next $50,000.00 recovered.
- An attorney can only charge 25.00% contingency on the next $500,000 following the $100,000.
- An attorney can only charge 15.00% contingency on any settlement above $600,000.00
Medical Negligence for the Death of a Family Member – Wrongful Death Lawsuit Information: According to various scientific studies and research medical malpractice is the most common cause of death in the United States. In fact every year more than 250,000 die due to the wrongful actions of medical professionals. Pursuing a wrongful death claim can be a challenge for family members. They must endure the grieving process while at the same time concerned with the status of their claim. There are several important facts regarding wrongful death claims in California. If you have any further question regarding medical malpractice wrongful death claims feel free to contact our law offices.
Timing limitations: Generally family members of the deceased have two years to file a personal injury case. However for medical malpractice claims family members have one year from the date of loss to file a lawsuit. With respect to government claims (lawsuit against government run hospital and medical facilities like the VA) family members must file an administrative claim 6 months from the date of the incident. Statute of limitations for medical malpractice wrongful death claims is particularly complicated. It is important to seek out legal consultation immediately.
Who can file an action for wrongful death under California Law: Certain individuals with specific familial relations with the deceased are able to exercise their right to wrongful death compensation: California state statuettes delineate exactly who is able to file a claim on behalf of the deceased.
- Husband or wife of the deceased: This can also include domestic partners of the deceased.
- Surviving children of the deceased.
- Parent of the deceased – parents can file a wrongful death claim in the deceased has no surviving decedents (i.e. children on spouse) or if the parents were in some way financially dependent on their child.
- Under California wrongful death laws if there are no individual in the direct line of succession.
Recovery available for the death of a loved one: Claimants have the ability to receive recovery for the following:
- Financial Support of the Deceased: The amount of money the deceased would have contributed to the family if the untimely death had not occurred. This can also include future loss of gifts the deceased would have afforded to the claimants.
- Recovery for funeral expenses and burial costs.
- Non-economic damage compensation: This includes the loss of companionship, friendship, support, care and love as a result of the death. Non-economic damage compensation also includes loss of consortium (loss of enjoyment of sexual relations and intimacy afforded by the deceased spouse).
Recovery Available for Victims of Medical Harm: Victims of medical errors are who have suffered harm are able to receive recovery for all damages incurred. One of the most often asked questions posed by prospective clients concerns the amount of monetary recovery they can receive in a settlement of their cases or a jury verdict. Every personal injury claim is different comprising of a unique set of factors and variables. Some of the most significant factors which can play an important role in determining the value of a personal injury case are provided for below…
- The severity of the harm that a victim suffered: For example a missed diagnosis of life threatening breast cancer will likely result in a higher level of harm to the patient in comparison to a missed diagnosis of a non life threatening ailment like the flu or common cold.
- The amount of medical expenses and costs associated with the medical treatment of the ailment suffered as a result of the medical negligence.
- The level and extent of loss of income and future loss of earnings potential earning capacity due to long term injury or permanent disability. The calculation of future income and earning loss requires the use of a vocation expert who can calculate the diminished value future wages in comparison to what would be earned if the injury had not taken place.
- Level of Non-economic damage recovery – this category includes pain and suffering compensation including emotional distress, anxiety, depression and PTDS arising from the injuries suffered. Note: As explained in the State of California compensation for non-economic damages in capped at $250,000.00.
- Percentage of liability ascertained to exists against the at fault party: Certain jurisdictions allow for monetary recovery against a defendant even if they were only party at fault for the injuries suffered. For example of total damages amounts to $1,000,000.00 dollars and the defendant (doctor) 60% percent at fault then the total amount of settlement a plaintiff is able to retrieve from the defendant is $600,000.00.
- Loss of consortium claim: Spouses of victims of personal injury including medical malpractice are entitled to compensation for the loss of companionship, comfort, care, loves and protection resulting from the injuries suffered. This also may include the loss of sexual relations and the ability to bear children with the spouse.
Medical Malpractice Lawsuit against Kaiser Permanente: Kaiser Permanente is the largest provider of health care in California. More than million individuals are part of the health care network. As such they face the largest number of medical negligence claims in the state. Claim and lawsuits against Kaiser Permanente are different than other such claims. Below you will find important information regarding claims against K-P.
- Requirement for Arbitration: Members of the Kaiser system are contractually obligated to file a claim under arbitration. They are not able to file a lawsuit in civil court.
- How does the Arbitration system work: Initially victims of Kaiser medical mistakes will have to submit a demand for arbitration with the Office of Independent Administration. Every region in California will have a different administration office where the demand will have to be sent to.
- Choosing an Arbitrator: A list of arbitrators will then be sent to the parties. Victims can also choose an arbitrator from outside the list generated by the Office of Independent Administration as long as they have the qualifications to make a reasonable judgment based on the facts of the claim.
Further information: Members of the Kaiser Permanente system are required to follow the arbitration procedures for any injuries which take place at their facility. This includes injuries not caused specifically by medical malpractice including slip and falls, trip and falls, falling items resulting in injury, falls from hospital beds.
Cost of Hiring an Attorney: Perhaps the chief concern of patients who have suffered harm is the seemingly high cost of attorney representation and case review. Most law firms will ask you for an upfront fee amounting to thousands of dollars in order to review your hospital records. We are different; our law firm will fully review your medical records and provide you with an analysis as to the viability of your claim at no charge.
Additionally once you have retained our services, we will never ask you for any upfront fees or legal costs. In fact you will never have to pay us a single dime until there is a financially successful resolution of your claim. If you have any further question about our Zero Fee Guarantee policy or to learn more about how our fee agreement works contact our offices or see here…
Getting Help Today – Free No Cost Case Evaluation Available: Victims of medical malpractice are welcome to contact our law offices. Our attorneys are able to provide you a free no costs case evaluation. We will not charge you a single penny to review your file nor will we ask you for any retainer fees. Our offices are available for consultation 24 hours a day 7 days a week. Our offices able to assist victims of personal injury throughout the San Joaquin valley including Bakersfield, Fresno, Modesto, Stockton, and Tulare.