What is Medical Malpractice?
Modern medicine has moved beyond the traditional health care practitioner paradigm of the doctor, nurse, hospital and medical office. Medicine today includes nurse practitioners, physician assistants, rehabilitation therapists, pharmacists, medical technicians and urgent care centers. This is by no means an exhaustive list as there are many other specialists in the medical field. When any of these medical professionals render medical care and treatment to you or your loved ones, they must according to the law meet the Standard of Care. The Standard of Care is generally defined as the level of skill, knowledge and care in the diagnosis and treatment that other reasonably careful practitioners would use in the same or similar circumstances. The Standard of Care should not be influenced by discrimination based upon race, color, ethnicity, ancestry, national origin, creed, immigration status, marital status, economic status, age, gender, sexual preference, gender identity or religion. Legal Claims for Medical Malpractice, a type of negligence, arise when the following happens:
- The health care practitioner fails to meet the Standard of Care during the care and treatment of the patient. These failures can involve misdiagnoses, unreasonable delay in treatment, not obtaining proper consent for care, surgical errors, failing to order tests or consultations, misinforming the patient and other unreasonable acts or omissions. In most instances, the law requires medical experts who know the applicable standard of care to review the medical care at issue and determine whether that care violated the Standard of Care.
- The patient and/or family suffers serious injury and damages adversely impacting on the quality of their lives and their economic well-being. Such serious injuries can range from being permanent and debilitating to death. Injuries such as emotional distress, pain, fear, anxiety, hardship and inconvenience are known as Non-economic Damages. California law imposes a limit on the dollar value of the Non-economic Damages that can be awarded to a patient. Serious injuries and damages can also include financial and economic losses for lost income, earning capacity, and past and future medical care costs.
- The health care practitioners’ failure to meet the Standard of Care causes and/or contributes to the serious injury suffered by the patient and/or family. Specifically, victims of medical malpractice must prove that the health care practitioner’s breach or violation of the Standard of Care is the legal cause of the serious injury suffered by the patient.
Medical Malpractice is not just limited to violations of the Standard of Care. These claims can also extend to fraudulent misrepresentations, battery, abuse, neglect, intentional infliction of emotional distress and abandonment. In those instances, the law may afford the injured patient to recover punitive or exemplary damages intended to punish the offending healthcare provider for malice, oppression or fraud.
What are the Kinds of Medical Malpractice Claims?
The attorneys of Lew Stevens LLP have successfully prosecuted a wide range of Medical Malpractice actions on behalf of patients and their families, the majority of whom are children. Some of these Medical Malpractice actions have been as follows:
- Birth Injuries related to Cerebral Palsy and Hypoxic Ischemic Encephalopathy (“HIE”);
- Brain Injuries such as strokes, ischemia, hemorrhage, trauma, and infection;
- Emergency Medical Malpractice such as negligent triage practices, inappropriate patient discharge, and failing to order tests and studies;
- Heart related Injuries arising out of aortic dissection and heart attacks;
- Hospital negligence arising out negligent procedures, policies, practices and unqualified personnel;
- Delay in the diagnosis and treatment of an Infectious Disease process including sepsis, encephalitis, gangrene, and meningitis;
- Laboratory errors;
- Misdiagnosis and delay in the treatment of cancer;
- Neonatal or Infant Care Negligence including delay in the diagnosis and care of jaundice and kernicterus, hypoglycemia or empyema;
- Nursing negligence including the failure to appropriately monitor a patient, the failure to report changes in a patient’s condition to the physician, and the failure to carry out a physician’s orders;
- Pediatric Malpractice such as failures to notify parents of test results and potential signs of danger and failing to diagnose and timely treat a potentially serious medical condition;
- Radiology Malpractice such as misreads and failed reporting of findings on X-rays, Ultrasound Imaging, Magnetic Resonance Imaging (MRI) and Computed Tomography Scans (CT scans);
- Short Gut Syndrome or delay in the diagnosis and care of bowel obstructions caused by disease, volvulus and malrotations;
- Wrongful Life or Wrongful Birth arising out of negligent prenatal obstetrical care;
- Wrongful Death
The Search for the Medical Malpractice Attorney
In the State of California, it is crucial to be represented by an attorney who is truly experienced in the prosecution of a medical malpractice lawsuit. There is a specific body of law in California that applies only to Medical Malpractice claims and lawsuits known as the Medical Injury Compensation Reform Act (“MICRA”). MICRA superimposes a layer of legal complexity to medical malpractice claims and lawsuits not seen in other types of personal injury law matters. In addition, catastrophic injury Medical Malpractice cases often demand a deeper understanding and appreciation of the science, culture and practice of medicine. The attorneys and staff of Lew Stevens LLP bring together over 100 years collectively of experience in the representation of clients advancing Medical Malpractice claims. Our attorneys and staff have published authoritative literature and have lectured at seminars, lawyer conventions, and law schools about Medical Malpractice law and its practice. For over a decade, we have been recognized by our legal peers with honors as Medical Malpractice attorneys. We have access to the most highly qualified and objective medical experts in the nation to advance our cases. Lew Stevens LLP also has the valuable benefit of our Medical Director who is a licensed medical physician board certified in medical quality assurance to assist in the evaluation and prosecution of our cases. The attorneys of Lew Stevens LLP have secured over a half billion dollars in recovery for the victims of Medical Malpractice.
Please contact us for a free consultation.