Medical Malpractice

What should you do if you're the victim of medical malpractice?

This is one of the most common questions we are asked at Higher Legal. The fastest way to get an answer to this question is to call us. You can reach us at (800) 210-2104 and speak with a medical malpractice attorney right now. There is no charge to speak with an attorney. The conversation is privileged, confidential and free. You may also contact us via the form below.

There are a few simple questions you can to ask yourself to determine if you have a medical malpractice case:

Why do you think medical malpractice was committed?

Just because there was a bad medical result does not, by itself, mean that medical malpractice occurred. Sometimes even with the very best medical care the result is not a good one. So ask yourself what is it that makes you believe you were a victim of medical malpractice? Did someone say something to you that made you suspicious? Did you see something that makes you think that something was done wrong? Did the doctor say something that makes you suspicious? Your answer will lead you to the next question:

Find an Medical Malpractice Lawyer

Has another doctor or nurse told you that you were the victim of malpractice?

This is typically the best way to know if you were a victim of malpractice; if another doctor or nurse has told you that you were a victim of malpractice. This happens more often than you think, especially from a doctor or a nurse who you see after the malpractice occurred. Often when you see a new doctor after medical malpractice has occurred the new doctor will notice by your condition or your medical records that you were mistreated and will ask you how the injury occurred.

If you believe you are the victim of malpractice you are probably no longer going to the doctor that caused the malpractice because you have lost trust and confidence in that doctor. You should ask your new doctor if you were the victim of malpractice. Your new doctor is in the best position to tell you if you were mistreated. Your new doctor will also be an important and powerful expert witness on your behalf and will help you win your medical malpractice case.

Absolutely. Did you know there are many different types of medical malpractice cases? A Higher Legal medical malpractice lawyer will identify each of the possible claims that should be investigated in order to fully present your case. These include:

Physician Negligence

The most common type of medical malpractice case is a case against the doctor. One of the most common excuses used by doctors to defend themselves in malpractice cases is to blame your injury on someone else. A typical tactic used by doctors is to say that your “other doctors” are at fault. That is why it is so important to have a medical malpractice attorney who specializes in this area of law. If your attorney understands all areas of medicine it will be harder for the doctor who caused your malpractice to shift the blame to others.

Another common tactic used by doctors who cause malpractice is to say that they could not have anticipated your problem because “none of your other doctors anticipated it either”. A Higher Legal medical malpractice lawyer will be sure to investigate and identify each and every doctor who may have some responsibility in your case and sue them all. In these types of cases the doctors often point the finger at each other. Don’t hire just any personal injury lawyer. Hire one who specializes in medical malpractice and will make sure that all of the proper persons are sued.

Hospital Negligence

The nurses and staff at a hospital are the “eyes and ears” of your physician. When you are in the hospital you may only see your doctor once a day when he or she is doing hospital rounds. The nurses, hospital staff, technicians, interns and residents however are there 24 hours a day watching over you and they should be reporting your condition and significant findings to your doctor at all times. It is common for a hospital to defend a malpractice case by one of its “employees” or “agents” by claiming that it was your doctor’s fault. A Higher Legal medical malpractice lawyer will be sure to investigate and identify each of the individuals at the hospital who may also share some responsibility in your case. Additionally, your Higher Legal medical malpractice lawyer will be an expert in evaluating the hospital policies and procedures to make sure that every possible action was taken by the hospital, as required by law, to ensure your proper health care and saftey.

Medical Device Defect

Sometimes your medical injury was not caused by the doctor or the nurse who treated you but was actually the fault of a medical device used in your treatment. It takes an expert medical malpractice attorney to spot this. Many inexperienced lawyers forget to include the manufacturer or distributor of a defective medical device in your medical malpractice case. This can be disastrous.

Why would an attorney forget to sue a medical device manufacturer? Because most personal injury lawyers do not regularly prosecute medical malpractice cases and they don’t properly investigate the case and identify the liability that can be attributed to a defective medical device. Under California law there are limitations on how much you can recover in a medical malpractice lawsuit against the doctor, but there is no limitation on the amount of pain & suffering damages you can collect in a product liability case which arises from a product used in a medical procedure. So if you choose the wrong malpractice lawyer you may be losing a lot of money. Higher Legal medical malpractice lawyers recently received big settlements for clients against medical device manufactures. Be sure to contact Higher Legal to get a medical malpractice lawyer who is an expert in this type of case.

As mentioned above, it is a common tactic for a doctor or hospital that is sued to blame your injuries on a defective medical device in an attempt to escape their own liability. A Higher Legal medical malpractice lawyer will be an expert in evaluating your case, including identifying all potential defendants, doctors, hospitals and medical product manufactures. Your Higher Legal medical malpractice lawyer will look at all potential medical devices, including implants, artificial shoulders, hips, knees, stents, sutures, patches, heart valves, pacemakers, defibrillators, catheters, diagnostic machines, pumps and hospital equipment. Call Higher Legal now to get a FREE referral to one of the best malpractice lawyers in California.

Pharmaceutical Liability

In recent years you have probably seen just as many commercials on television for medications and drugs (pharmaceuticals) as you have for new cars, trucks and fast food. Not too many years ago it would be unheard of for a drug company to have a commercial on television telling you to ask your doctor to give you their medicine!

The world has changed, and so has the field of litigation against the big multi-billion dollar drug companies. There are serious complications and/or sometimes even death that can be caused by drugs such as Accutane, Avandia, Bexra, Celebrex, Chantix, Fosamax, Heparin Sodium USP, Ketek, Neurontin, Singulair, Trasylol, Viagra, Vytorin, Zetia, Zicam, Zyprexa and Levaquin to name a few.

Pharmaceutical liability cases are very complex and very expensive. ‘Big Pharma’ as the drug industry is often referred to, is the most aggressive defender of cases against it which makes it very important to have a lawyer on your side that has been up against them before.

Higher Legal will refer you to the very best drug litigation lawyers in the business. We have access to the very best lawyers because we do the research that finds the lawyers with proven track records litigating cases against the big drug manufactures.

There are three primary parts of a medical malpractice case. In order to win your case you must prove all three:

  • Negligence (malpractice)

  • Causation (that the malpractice is what caused your injuries)

  • Damages (your physical injury and monetary loss)

As mentioned before, just because something went wrong does not mean, by itself, that medical malpractice was committed. You are required to demonstrate by evidence that someone was negligent. In legal terms you have to prove that the doctor or nurse acted “below the standard of care”. And the standard of care is not what the very best doctor in town would have done. This legal standard does not require your doctor to be the best doctor in the world. It just requires your doctor to be competent; it just requires your doctor to not do something that nobody else would have done.

Causation: The most difficult issue to prove in most medical malpractice cases is the issue of causation. In other words, did the negligence of the doctor, nurse or hospital actually and legally cause your injury? This is an issue that is fought hard in court through the presentation of evidence by medical experts.

Damages is an important part of any case. “How much is my case worth?” is a very common question. In a medical malpractice case in California the injured party is unfortunately limited to a recovery of $250,000 for pain and suffering. This has been the law in California since 1975. The law that imposes this unjust limitation is known as the MICRA law (Medical Injury Compensation Recovery Act). In addition to the $250,000 for pain and suffering, you can also make a claim for any out of pocket medical expenses you have incurred, and for future medical expenses you will incur. You can also make a claim for your loss of past and future income. This is why it is so important to have good record keeping for your medical expenses and your income, both past and future.

Higher Legal is certified by the California State Bar (LRS #130) so you can trust the information you receive from Higher Legal is the most reliable legal information available and has met the strictest standards of the State Bar. You can call us at (800) 210-2104, or fill out this form and a licensed California attorney will get back to you within the next business day.

For an excellent malpractice attorney in Culver City, Santa Monica, Beverly Hills, Woodland Hills, San Gabriel, El Monte, Whittier, Baldwin Park, Alhambra, Norwalk, Pomona, Long Beach, Torrance, Glendale, Pasadena or any surrounding area contact Higher Legal.

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