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Medical Malpractice Claims

Medical Malpractice

Medical malpractice claims are filed when a health care provider is alleged to have violated the governing standard of care when treating a patient, leading to injury. Injuries in a medical malpractice suit may result from an action taken by the health care provider or by the failure to take medically appropriate action.

Injured patients can pursue a medical malpractice case against a licensed health care provider, including mental health care professionals, physical therapists, nurses, and medical doctors. Now that we’ve answered the question of what is medical malpractice, let’s see some examples.

Examples of Medical Malpractice

  • Medical Negligence – Most medical malpractice suits are filed on the theory of negligence. They allege that a medical professional has violated their duty of care which resulted in injury. Examples of medical negligence include:
    • Mistakes in the dosing or prescribing of medication
    • Unreasonable delays in starting treatment for a diagnosed disease or medical condition
    • Failure to provide the appropriate medical treatment
    • Misdiagnosing a disease or medical condition
    • Failure to diagnose a disease or medical condition
  • Informed Consent – A medical malpractice claim may also be filed if a patient didn’t give informed consent for a medical procedure. If the patient alleges that there was a material risk involved in the procedure that they were not told about by their physician which would’ve kept them from going through with it, it’s a good basis for a medical malpractice case. Just because the medical procedure was performed properly doesn’t mean you can’t file a lawsuit. While many of these cases are based on an allegation of battery, the main allegation is that the patient would’ve chosen other medical treatment if they had been informed of all the risks.

Informed consent claims can also be made if your doctor changed the course of treatment or surgery after you gave your consent. While obtaining the patient’s consent may not be necessary in cases of trauma or mental health care, consent must still be obtained by a third party such as a parent, spouse, or guardian.

What Is the Statute of Limitations for Medical Malpractice?

 The amount of time a person has to file a medical malpractice suit against their healthcare providers is known as the statute of limitations. In California, a person only has three years to file a lawsuit based on injuries from medical malpractice or one year to file from the date the injury should have reasonably been discovered, whichever is sooner. The only exception to this rule is if the delay was caused by a foreign object, intentional concealment, or fraud. In a foreign objects case, the three-year clock starts ticking on the date you should have reasonably discovered the object’s presence. You may file a claim for a minor under the age of six within three years or before they reach the age of eight, whichever is longer.

If you believe your injury was caused by a negligent healthcare provider, our experienced medical malpractice lawyers can review the facts and medical records to determine if your case is viable. Medical malpractice suits can be expensive due to their complexity, but Jorgensen Law works on a contingency fee basis, so you don’t have to pay unless we win or settle your case and you receive fair compensation. Our lawyers are knowledgeable about all changes in the law and will help you file before the deadline. Call us today at 1-888-855-2948 or contact us online to schedule a free consultation.