Rodriguez and Associates

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Bakersfield Medical Malpractice Lawyer

An ambulance arrives at the scene of a medical malpractice accident in Bakersfield

We trust Bakersfield medical professionals to treat us with an appropriate degree of care. Unfortunately, not all healthcare providers are careful or diligent while treating patients. Every year, medical professionals across the United States commit careless and reckless acts of negligence, causing serious injuries and devastating fatalities.

If you are injured due to the negligence of a nurse, doctor, surgeon, or any other medical professional, you may be eligible for financial compensation—and Rodriguez & Associates can help. Our Bakersfield medical malpractice lawyers can represent you in a lawsuit against the negligent provider and secure the settlement that you deserve.

Why Choose Rodriguez & Associates to Represent You?

  • Our attorneys hold over 100 years of combined experience representing California residents in their personal injury claims, including medical malpractice lawsuits. A medical error or surgical mistake can cause immense harm, and you can trust in our legal team to seek justice on your behalf.
  • Our firm provides the power of a large firm with the personalized communication and attention of a small firm. We will always be available to answer your questions and respond to your concerns.
  • Our Bakersfield personal injury attorneys track record speaks for itself. We have recovered millions of dollars in settlements and verdicts for our clients, including the highest personal injury verdict in Kern County history.

What Is Medical Malpractice?

Healthcare providers have a duty to uphold a certain standard of care while treating their patients. If a doctor, nurse, or other healthcare professional deviates from this standard of care through a negligent act or failure to act and subsequently causes harm to a patient, he or she commits medical malpractice. If you experience medical malpractice, you may be eligible for a lawsuit against the at-fault medical provider.

At Rodriguez & Associates, our attorneys represent medical malpractice lawsuits that involve a wide range of negligent acts, such as the following:

  • Surgical errors
  • Anesthesia errors
  • Prescription medication errors
  • Prematurely discharging a patient
  • Failure to correctly diagnose a condition 
  • Failure to properly treat a condition
  • Failure to provide proper aftercare instructions

Damages Available for California Medical Malpractice Victims

A doctor examines an x-ray that shows evidence of previous medical malpractice in BakersfieldMedical malpractice can cause severe harm. You may develop a worsening illness than you would have if your doctor had accurately diagnosed your condition. You could sustain a brain injury from an overdose or lack of oxygen during surgery, or you could develop a disability due to unnecessary surgery or misdiagnosis. As a result, you can develop serious financial, physical, and emotional hardship as a result of a medical mistake or improper medical treatment.

By filing a medical malpractice claim, you can hold the at-fault provider accountable for the economic and non-economic damages that you experienced due to his or her actions. Examples of compensation available in these lawsuits include the following.

  • Past and future medical expenses associated with the injury or worsening illness
  • Lost wages during your recovery period and loss of future earnings if you are unable to return to work
  • Disability accommodations, such as live-in caregivers, modifications to your home and vehicle, and mobility equipment
  • Specialized treatments, including rehabilitation programs and physical therapy
  • Chronic pain, permanent disability, and other forms of physical pain and suffering
  • Emotional distress, depression, anxiety, and other types of emotional pain and suffering

To calculate the full extent of your damages, you will need to evaluate bills, medical records, invoices, paystubs, and other tangible documents. For long-term costs, the Bakersfield medical malpractice attorneys at Rodriguez & Associates may enlist medical providers and life care planners to calculate your future expenses. 

Pain and suffering damages can be difficult to calculate, but your lawyer can leverage common formulas to estimate this portion of your award. With the support of a medical malpractice attorney on your side, you can advocate for the highest possible settlement from the at-fault party.

How to Prove a Medical Malpractice Claim

Medical malpractice lawsuits present a valuable path to compensation for injured California patients. If you have experienced harm at the hands of a healthcare provider, you can pursue a claim against the at-fault party and secure the settlement that you deserve. However, you will need to prove the following four elements in order to win your claim.

  • Duty: The at-fault medical professional owed you a duty of care at the time of the incident. Medical professionals have a duty to act with a reasonable degree of skill and care while treating patients in a formal capacity. If you went to a doctor or hospital and sought treatment, the healthcare provider owes you a duty of care. 
  • Breach of Duty: The at-fault medical professional breached his or her duty of care through a negligent act or failure to act. Failure to order diagnostic tests is an example of a breach of duty. 
  • Causation: The at-fault medical professional’s breach of duty caused your injuries or illness. For example, say that a doctor misdiagnoses your lung cancer as bronchitis and your condition worsens until you receive an accurate diagnosis. If your doctor provided an accurate diagnosis, you would have received the treatment you required, and your cancer would not have progressed.
  • Damages: You sustained damages that you can collect in your lawsuit. These damages include economic or financial losses, as well as non-economic pain and suffering damages. 

How Long Do You Have to File a Medical Malpractice Lawsuit in California?

According to California’s statute of limitations, you must file a medical malpractice lawsuit within three years of the date that the injury occurred. If you did not discover the injury until a later date, you must file your lawsuit within one year of the date that you discovered or should have discovered the injury.

If you do not file your claim by this deadline, the court will likely dismiss your case. In order to protect your right to compensation, it is important to speak with a lawyer as soon as you can and identify your appropriate filing date. All personal injury cases are unique, and it’s essential to seek the assistance of a skilled Bakersfield medical malpractice attorney.

Who Can Be Held Responsible for Medical Malpractice in Bakersfield?

The legal scope for medical malpractice claims in California does not simply include doctors and other medical professionals. Depending on the specific circumstances of your case, it may be possible to hold nurses, medical facilities, health care providers, or pharmaceutical companies responsible for your injuries. At our law firm, our malpractice attorneys work diligently to hold the responsible party accountable for their actions, no matter who they may be. We seek a fair settlement for the pain and suffering you or a loved one has experienced.

Contact Rodriguez & Associates Today

If you have experienced medical negligence in Bakersfield, you need an attorney on your side—and the lawyers at Rodriguez & Associates can help. Our medical malpractice lawyers have the experience, skills, and knowledge necessary to hold medical providers accountable for their actions. Contact us today to schedule your free consultation and learn more about your legal options.