STOCKTON MEDICAL MALPRACTICE LAWYERS

“Medical malpractice” is the legal term for when a doctor or other medical professional causes injury or death to one of their patients. Malpractice happens whenever a doctor or medical professional performs their duties below the “standard of care” expected of them. It does not necessarily mean that the doctor was incompetent, or that they did anything intentially wrong.

In 1975, the California legislature passed a law called the Medical Injury Compensation Reform Act (or “MICRA”). This set of laws sets special requirements for filing medical malpractice claims in California.

If you believe that you or a family member has been a victim of medical malpractice, contact a Stockton medical malpractice attorney at Schwinghamer Law.

WHAT IS MEDICAL MALPRACTICE?

The following are examples of medical malpractice claims:

• A doctor operates on the wrong arm or leg
• A doctor uses the wrong sized screw when fixing a bone, causing it to break
• A doctor failed to read his own medical records and tried to remove the same gall bladder twice
• A doctor leaves a sponge or instrument inside a patient after surgery

WHO CAN MAKE A MEDICAL MALPRACTICE CLAIM?

Anyone who has been injured can make a medical malpractice claim. These cases may be filed against any doctor, nurse, dentist, or other medical provider. A claim can even be filed against an institution, such as a hospital or clinic.

If the doctor’s mistake is fatal, the victim’s family may file a medical malpractice claim on behalf of the victim. They can also make a wrongful death medical malpractice claim for their own losses, such as the loss of companionship, love, and guidance from the deceased.

WHAT CAN BE RECOVERED IN A MEDICAL MALPRACTICE CASE

Just like any other personal injury case, victims of medical malpractice can recover the following types of money damages:

• Past medical expenses
• Future medical expenses, including surgery to fix whatever medical procedure was the doctor performed incorrectly
• Lost wages
• Loss of earning capacity
• Money for pain, suffering, inconvenience, and other things you cannot put a price tag on

CONTACT A STOCKTON MEDICAL MALPRACTICE LAWYER TODAY

Like most personal injury cases, medical malpractice claims in California have a statute of limitations – the claims must be filed within a certain amount of time, or you can lose the right to file them. The statute of limitations for medical malpractice claims can be even more unforgiving than for other types of personal injury cases. If you believe that you or a loved one has been a victim of medical malpractice, contact a Stockton medical malpractice attorney at Schwinghamer Law today.