Category Archives: Medical Malpractice

Can I Sue a Doctor for Emotional Distress?

Tuesday, March 19, 2019

Doctors and other medical professionals have a moral and legal obligation to do no harm to their patients. They must refer to the appropriate standard of care for a patient’s condition and meet that standard with their treatment and medical advice. Some patients may develop additional medical complications due to a negligent medical professional’s actions, or they may suffer tremendous pain and psychological suffering due to negligent medical treatment. Some victims may wonder if they have grounds for legal recourse after experiencing emotional distress.

How to File a Lawsuit for Emotional Distress

If you suffered a physical injury or illness due to negligent medical treatment you would likely qualify for a medical malpractice lawsuit against the medical professional responsible for causing the damage. The emotional distress you experienced from developing a permanent disability would be related to your physical injury, so you could expect compensation for your emotional distress in addition to your other damages in the lawsuit. However, it would be very difficult to pursue a medical malpractice lawsuit solely for emotional distress.

Most states place specific restrictions for civil claims based on emotional distress. Generally, an individual can only sue solely for emotional distress damages if he or she witnessed the wrongful death of a close blood relative, was present in the immediate danger zone of a witnessed fatal incident or following any mishandling of a deceased loved one’s body.

The court may also allow emotional distress claims more leniently for claimants who qualify as “eggshell plaintiffs,” or especially vulnerable individuals such as children who witness the death of a parent, elderly individuals who suffer from various medical complications and diminished resilience, and pregnant women.

Intentional Torts and Actual Malice

The rare instance of a physician or other medical professional intentionally inflicting emotional distress on a patient knowingly, willingly, and/or for personal gain would likely qualify the plaintiff for emotional distress damages. For example, imagine a specialist tells a patient he has a certain medical condition requiring careful treatment at risk of the patient’s life, and the doctor attempts to keep the patient billed for unnecessary medical treatments in a pattern of exploitation.

Upon discovery of this or any similar type of deception, the patient would likely experience severe emotional distress in addition to the distress experienced from the doctor’s false diagnosis. This may be an extreme example, but generally emotional distress in and of itself does not constitute grounds for legal action unless the defendant acted with actual malice or intent to cause emotional distress or other harm.

To succeed with a lawsuit against a medical professional for emotional distress, the plaintiff and his or her lawyer would need to prove the defendant’s conduct was extreme, outrageous, or intentionally harmful or exploitative. The plaintiff would also have to prove the extent of his or her emotional distress, including producing proof the plaintiff sought mental health counseling or other support services due to his or her traumatic experience, prescriptions for any required psychiatric medications, and testimony from coworkers, friends, and family members attesting to the changes in the plaintiff’s mental health following the conduct in question.

Types of Emotional Distress Claims

Different types of emotional distress claims fall under different rules state by state.

  • Negligent infliction of emotional distress pertains to emotional distress as the result of the defendant’s lack of care, such as a mistake in a diagnostic procedure or incorrect prescription.
  • Intentional infliction of emotional distress pertains to direct, knowing, and willful abuse.
  • Parasitic emotional distress refers to emotional suffering related to other damages, such as the emotional stress resulting after developing a permanent disability.

If you recently experienced emotional distress as a result of a medical professional’s conduct, consulting with a medical malpractice lawyer in Bakersfield can help you determine your best options for legal recourse. An attorney can determine whether the doctor’s conduct was reasonable and foreseeable given the circumstances in question and weigh his or her actions against the typical standard of care for the patient’s condition.

Posted by highrank at 5:59 pm

Can Doctors Legally Lie to Patients?

Wednesday, February 27, 2019

When we visit our doctors, we trust them with some of the most sensitive and personal situations we encounter. However, some doctors can breach our trust and lie about certain treatments, conditions, and outcomes. This act can lead to painful consequences, such as delayed or improper treatment and emotional trauma.

Why Do Doctors Lie to Patients?

Many doctors admit to telling lies to their patients. However, not all of these lies lead to harm to the patients. A 2012 nationwide survey from Harvard Medical School revealed the following statistics about physician honesty:

  • One-third of surveyed physicians said that they do not share serious medical errors with patients.
  • Two-fifths of physicians said that they did not disclose financial conflicts of interests with pharmaceutical and device companies to patients.
  • Over 55% of physicians often described their patients’ condition in a more positive light than they should have.

Technically, doctors can lie to patients – as long as these lies do not result in harm to the patient in question. However, lies that lead to improper medications, unnecessary treatment, additional health complications, and other injuries could be grounds for a medical malpractice lawsuit.

Proving Medical Malpractice in California

When you file a medical malpractice lawsuit against a doctor, surgeon, or other medical professional in California, your attorney will have to satisfy a number of factors.

  • He or she must prove that you and the doctor had a doctor-patient relationship and the doctor therefore owed you a duty of care. If you ask advice from a friend who is a doctor, for example, you cannot hold him or her liable in a medical malpractice lawsuit.
  • Your attorney must prove that the doctor breached the standard of care when he or she administered care to you.
  • Your attorney must prove that a similarly trained and educated doctor would not have breached the standard of care in the same circumstances.
  • Your attorney must prove that the breach of care led to your injuries.
  • Your attorney must prove that your injuries led to economic or non-economic losses, such as additional medical expenses and pain and suffering.

Only in certain circumstances can a doctor’s lie be grounds for a medical malpractice lawsuit. If you can prove that the lie led to your injuries and damages, and that you can collect financial compensation for these damages, you could file a claim against the doctor in question.

The Importance of Informed Consent

One of the most central elements to medical practice is obtaining informed consent from a patient. You must consent to your medical treatment after the doctor provides you with information on the treatment. You should receive the following information from your doctor:

  • A complete diagnosis
  • The purpose and process of potential treatments
  • The benefits and risks of potential treatments
  • The benefits and risks of not receiving treatments

If your doctor lies or withholds vital information during this process, or fails to obtain informed consent at all, you cannot consent to medical treatment. If you receive treatment anyway, you could hold your doctor liable for not obtaining your informed consent and file a medical malpractice claim against him or her.

Possible Damages in California Medical Malpractice Cases

Under California law, you can collect compensation for economic and non-economic damages from medical malpractice lawsuits. California caps non-economic damages at $250,000, while economic damages remain uncapped. If you can prove that your doctor’s lie led to any of the following losses, you can collect damages:

  • Additional medical expenses, not including the conditions present prior to the lie
  • Lost wages due to recovery time from an injury or illness caused by the lie
  • Pain and suffering
  • Emotional trauma
  • Permanent disability
  • Punitive damages for intentional, reckless, and/or especially negligent behavior

A Bakersfield medical malpractice attorney at Rodriguez & Associates can help you determine if you have grounds for a medical malpractice case. Contact a lawyer to discuss the circumstances of your case and learn about your legal options.

Posted by highrank at 7:08 pm

What Is Anesthesia Awareness?

Wednesday, February 20, 2019

When you go to a hospital for surgery, you expect the highest standard of care and for doctors to follow standard procedure. One of the elements of standard procedure for surgery includes full anesthesia to put you to sleep before the surgery.  However, in very rare cases, you do not completely fall asleep during your surgery, recall your surroundings, and/or experience pressure or pain – a phenomenon known as anesthesia awareness.

Definition of Anesthesia Awareness

When you visit a hospital for a surgery, you receive medications to help you fall asleep and reduce pain during the surgery. Some anesthesia also induces paralysis so that the patient does not move during the operation. However, this medication can fail to induce unconsciousness in very rare circumstances. You wake up, become aware of certain events during the surgery, and may even feel pain.

Different people have different levels of awareness. Some may recall brief memories, others may remember specific moments. Others feel a sense of pressure, while others can feel pain. In very rare cases, some patients can experience paralysis but remain awake and feel pain during the surgery. This instance can lead to lasting damage.

Why Does Anesthesia Awareness Occur?

Researchers do not know the exact cause of anesthesia awareness. Causes of anesthesia awareness can range from preexisting conditions to doctor error and medical equipment malfunction. Surgeries that do not use general anesthesia also have higher instances of anesthesia awareness. However, the condition is most common in patients with multiple medical conditions or who are receiving a certain surgery.

Surgeries with high anesthesia awareness rates include emergency C-sections, surgery for traumatic injuries, and certain heart surgeries. In these cases, doctors cannot safely administer the appropriate amount of anesthesia and patients do not completely fall asleep. In addition, anesthesia awareness can occur if the doctors do not administer anesthesia properly. Sometimes, the equipment meant to monitor anesthesia levels fails.

Possible Damages From Anesthesia Awareness

In the most severe cases of anesthesia awareness, patients can leave with lasting psychological damage due to their experiences. You may develop post-traumatic stress disorder due to your experience. You can also develop other mental illnesses, such as anxiety and an unavoidable preoccupation with death. Repetitive nightmares and irritability are also common damages from anesthesia awareness.

Can You File a Lawsuit for Anesthesia Awareness?

In certain circumstances, you can file a medical malpractice lawsuit in California civil court for anesthesia awareness. To do so, your attorney must prove the following factors:

  • He or she must prove that you and the surgeons, anesthesiologists, and other people involved in your case had a doctor-patient relationship. Visiting a hospital for surgery can establish this factor.
  • Your attorney must prove that your surgeon breached a standard of care, and that this breach led to the anesthesia awareness. In these cases, this breach can include improperly setting up equipment, ignoring signs of distress during surgery, or not administering anesthesia properly.
  • Your attorney must prove that a similarly trained and educated doctor would not have made the same mistake and you would have not suffered damages due to anesthesia awareness.
  • Your attorney must prove that you suffered damages because of the anesthesia awareness. In these cases, the damages are likely non-economic such as pain and suffering, emotional trauma, and loss of quality of life. In California, you can claim up to $250,000 in non-economic damages in medical malpractice cases.

Proving a medical malpractice case for anesthesia awareness can be difficult due to the irregular nature of the injury. Many different factors can contribute to this phenomenon, and not all of them involve medical malpractice. To determine if you have grounds for a lawsuit for your anesthesia awareness case, contact a medical malpractice attorney in Bakersfield.

Posted by highrank at 6:47 pm

Can You Sue for Misdiagnosis of Cancer?

Wednesday, February 13, 2019

Receiving a cancer diagnosis can be one of the most traumatic experiences a patient can encounter. In addition, cancer treatments are notoriously harsh and lead to painful side effects. After months of chemo and emotional trauma, learning that your doctor misdiagnosed your condition can add additional pain on top of your experience – and in California, you can pursue legal action against your doctor for the misdiagnosis.

Your Legal Options for Cancer Misdiagnosis

Depending on the circumstances of your diagnosis, you could file a medical malpractice lawsuit against your doctor for misdiagnosis of cancer. If your doctor breached the professional standard of care during misdiagnosis and you suffered losses as a result, you may have grounds for a lawsuit. Contact a Bakersfield medical malpractice attorney to discuss the facts of your case.

With a medical malpractice lawsuit, you can claim the following compensation for damages due to the misdiagnosis:

  • Medical expenses incurred due to the false diagnosis
  • Future medical expenses due to injuries incurred during the course of treatment
  • Pain and suffering
  • Emotional trauma
  • Lost wages due to cancer treatment
  • Punitive damages for reckless, intentional, or especially negligent behavior

How Do Doctors Misdiagnose Cancer?

With training and a proper educational background, you would think that doctors would be able to tell the difference between cancer and other medical conditions. However, many factors can lead to the misdiagnosis of cancer:

  • Unqualified medical staff. When you receive a cancer-screening test, specialists interpret the findings. However, certain hospitals may assign a doctor who does not have a background in cancer screening to analyze the results. This act can lead to cancer misdiagnosis.
  • Oversensitive or malfunctioning screening tools. Screening technology can make significant errors when reading cancer test samples. You may receive a false positive from this equipment and your doctor can misdiagnose you with cancer.
  • Intentional misdiagnosis. While these cases are very rare, certain lawsuits have involved doctors who intentionally misdiagnosed patients with cancer. Usually, the motive for this act is financial. The more treatments a patient receives, the more money the doctor gets from the insurance companies.

Potential Injuries Suffered by Cancer Misdiagnosis

Although receiving word that you do not have cancer may be a relief for many people, you likely already suffered harm as a result of cancer treatment. In addition, you may have an underlying condition that worsened as a result of delayed treatment. You can suffer significantly painful side effects from unnecessary cancer treatments:

  • Appetite loss
  • Hair loss
  • Loss of fertility and sexual function
  • Nerve problems
  • Lymphedema, or fluid buildup in the lymph nodes
  • Anemia and fatigue
  • Chronic pain
  • Infection, including urinary and bladder problems
  • Mouth and throat problems
  • Skin and nail changes
  • Delirium and confusion
  • Nausea and vomiting
  • Memory and concentration issues
  • Constipation and diarrhea

Proving a Medical Malpractice Case in California

To prove a medical malpractice case in California, you will need to satisfy the following factors:

  • Your attorney must prove that you and your doctor had an established doctor-patient relationship and therefore, your doctor owed you a standard of care.
  • Your attorney must prove that your doctor breached this standard of care through misdiagnosis.
  • Your attorney must prove that a similarly educated and trained doctor would not have made the same misdiagnosis in the same situation.
  • Your attorney must prove that you suffered injuries because of the misdiagnosis.
  • Your attorney must prove that your injuries led to losses, such as medical bills and pain and suffering.

Proving a case of medical malpractice can be difficult. Hiring a medical malpractice attorney is the key to proving these cases. Your attorney can consult with medical experts, gather necessary evidence, and craft a compelling case on your behalf. If you discover a cancer misdiagnosis and need compensation for your losses, contact a lawyer as soon as possible.

Posted by highrank at 6:37 pm

What Is Meconium Aspiration Syndrome?

Monday, December 31, 2018

Meconium aspiration syndrome is one of the most common life-threatening medical conditions a newborn can experience, appearing in about 5% to 10% of all births. Several risk factors can increase the chance of an infant developing meconium aspiration syndrome, and it is vital for parents to know these risk factors and consult with their doctors closely about any concerns.

How Does Meconium Aspiration Syndrome Happen?

Meconium is the medical term for the first fecal matter a fetus produces in the womb. Under certain conditions, an unborn infant may expel meconium into the amniotic fluid in the mother’s womb and then aspirate it. This can cause a severe infection that can jeopardize the baby’s life. Meconium Aspiration Syndrome most commonly occurs with babies in fetal distress, babies still in the womb past their due dates, and during difficult deliveries.

Treatments for Meconium Aspiration Syndrome

When an attending physician first recognizes the signs of meconium aspiration syndrome, the first step in addressing the issue is to suction the baby’s mouth as soon as possible. This will extract the meconium from the baby’s trachea, and the suction should continue until no trace of meconium appears in the suction device tube. If the meconium causes thick staining or the baby shows signs of distress, then the doctor may insert an endotracheal tube to suction out the last remaining traces of meconium.

A baby who undergoes this treatment will likely need intensive neonatal care. Doctors may administer antibiotics to prevent infection, implement a breathing machine to help keep the baby’s lungs inflated, and use a warmer to maintain body temperature. Light tapping on the baby’s chest can help loosen any secretions for easier removal as well.

In some cases, using suction is not advisable as it can cause a baby to develop pneumonia. If a baby arrives full-term at a healthy size with no signs of fetal distress, then doctors may use a saline solution to clear away meconium staining instead of using deep suction.

Can Malpractice Cause Meconium Aspiration Syndrome?

Difficult labor is the most common cause of meconium aspiration syndrome. A difficult delivery typically means the baby will be moving inside the mother more than usual, and this can make it easier for meconium to dislodge, combine with amniotic fluid, and then become lodged in the baby’s windpipe during delivery. Other risk factors for meconium aspiration syndrome are:

  • Decreased fetal oxygen levels while still in utero
  • The pregnant mother’s diabetes
  • The mother’s high blood pressure
  • Difficult labor
  • Fetal distress

These issues require immediate attention. If an attending physician did not properly monitor the mother’s or the baby’s vital signs and the baby develops meconium aspiration syndrome as a result, the physician committed medical malpractice and is liable for the resulting damages. A doctor may also face liability for medical malpractice for failing to recognize and address the signs of meconium aspiration syndrome in a newborn.

Damages in a Medical Malpractice Claim

Meconium aspiration syndrome can lead to persistent pulmonary hypertension, collapsed lungs, brain damage from lack of oxygen, aspiration pneumonia, and a host of other possible medical conditions. If a doctor causes this condition due to negligence or failure to meet the appropriate standard of care for the patient’s condition, then the doctor is liable for any medical expenses, lost income, and pain and suffering resulting from treating the baby’s condition.

It is essential for any parents who have had a child experience meconium aspiration syndrome to know their rights and legal options for recovery. Meconium Aspiration Syndrome has the potential to cause lifelong damage to a newborn baby, and doctors who negligently cause this condition or fail to treat it correctly are responsible for the damage they cause. Learn more by speaking with a Bakersfield medical malpractice lawyer.

Posted by highrank at 11:00 pm

How Long Do You Have to Sue a Doctor?

Tuesday, October 9, 2018

Whenever you believe you have grounds to take legal action against another party for civil damages, you must first ensure you meet the statute of limitations for your claim. A statute of limitations is essentially a time limit for filing legal claims. Different statutes exist for different types of claims, and the laws concerning these statutes vary from state to state.

A medical malpractice claim is a complex civil action that typically requires a claim review from a medical board before it can proceed, and symptoms from some medical conditions or injuries may not immediately appear. If you are unsure whether your claim will meet the required statute of limitations for your situation, your Bakersfield medical malpractice lawyer should be able to help you determine when your statute of limitations started.

How Does the Statute of Limitations Work?

The justice system recognizes that injured people cannot always take legal action immediately following an injury. In some cases, an acquired injury or illness may not manifest any noticeable symptoms for a long time, making it difficult to pinpoint the exact date a medical condition appeared. However, the justice system also recognizes the need for a system that discourages frivolous or outdated claims that use valuable time and resources. Therefore, a claimant who wishes to take legal action against a medical professional must do so within the appropriate statute of limitations for his or her state. In California, the statute of limitations for medical malpractice claims is three years on the date of harm or one year from the date of discovery of harm.

Discovery Rule for Medical Malpractice Claims

The earliest date that a statute of limitations can begin for an injury claim is the date that harm occurred. This applies when the injury or illness is immediately noticeable, or the cause of the injury is immediately apparent. Several things may “toll” or delay the statute of limitations. The Discovery rule applies to cases involving symptoms that develop over time, or medical conditions that do not immediately display the full scope of harm.

Under the discovery rule, the statute of limitations may begin on the “date of discovery,” or the date the symptoms of harm became visible or noticeable. The court may also apply this statute to the date that a plaintiff should have noticed or discovered the harm with reasonable diligence. For example, if a person experienced stomach pain after a surgical procedure but did not notify anyone or see a doctor for several weeks, the statute would likely begin on the date his or her symptoms appeared and not the date of the diagnosis or the date of the surgery.

It’s important to remember that many states place a statute of repose on medical malpractice claims. These statutes function as hard time limits for taking legal action. For example, a state may have a 10-year statute of repose for medical malpractice claims. This means that a plaintiff must discover the harm from medical negligence and take legal action within 10 years of the date of injury, not the date of discovery. In California, the only exception to the three-year statute is for cases involving foreign objects left in a patient’s body during surgery. These cases must still meet the one-year statute under the discovery rule, but claimants may take legal action many years after the normal three-year statute has passed.

A medical malpractice lawsuit is a very complex legal matter that requires meeting various legal deadlines and filing requirements, so time is a critical factor for anyone who wishes to pursue a medical malpractice claim. A Bakersfield personal injury attorney experienced in medical malpractice cases can help you determine whether your claim meets the applicable statute of limitations for your situation.

Posted by highrank at 9:32 pm

How to File a Complaint Against a Doctor in California

Tuesday, October 9, 2018

When another person causes an injury or other damages, you can pursue a personal injury claim to recover your losses. However, if the person who injured you was a doctor administering medical treatment, it’s first vital to determine whether medical malpractice occurred. A medical malpractice lawsuit will follow a similar framework to a personal injury lawsuit with a few notable exceptions. In California, a medical malpractice claim will need to pass through the Medical Board of California before you can proceed with your lawsuit.

Starting Your Medical Malpractice Claim

It’s important to remember that medicine is an inherently uncertain field. New treatments show promise for a variety of conditions, and medical science has advanced tremendously in recent years. Individual reactions to medical conditions and diseases can differ greatly as well. A margin of error always exists in medicine, and even an accomplished, skilled, and competent medical professional can make an honest mistake.

The Medical Board of California reviews medical malpractice claims to determine whether the claimant has grounds for a lawsuit. Essentially, the medical board reviews the details of the claim to determine if the defendant in the claim failed to meet the acceptable standard of care for the patient’s situation. If the board finds that the plaintiff has grounds for a medical malpractice claim, it may investigate and press charges, if necessary. Approval from the medical board is one of the most important requirements for filing a medical malpractice claim in California.

Standard of Care

The medical community reaches consensus for known medical conditions to decide the best methods for treating those conditions. New treatments, medications, and therapies require thorough testing before the medical community can rely on them on a regular basis. The “standard of care” is the level of treatment the medical community recommends for a condition. If a physician fails to meet this standard of care or deviates from the standard of care without justification and harms the patient, the physician commits medical malpractice.

It’s important to note that medical negligence does not necessarily equate to medical malpractice. Medical negligence describes a deviation from the standard of care, while medical malpractice describes a deviation resulting in patient harm. It’s possible for a defendant to have committed medical negligence without committing medical malpractice. If the patient did not suffer any harm from the defendant’s negligence, there is no claim.

The Medical Board of California also investigates claims pertaining to sexual misconduct, the administration of medical treatment under the influence of drugs or alcohol, substandard medical care, improper prescription practices, unprofessional conduct, and office practice complaints. It’s possible for a medical malpractice claim to touch on many of these issues, so the Medical Board’s investigation will be critical to a subsequent lawsuit.

The Claim Process

Once the Medical Board of California receives your complaint and determines that the claim falls within its jurisdiction, it will mail you an acknowledgment of receipt of your claim. A medical board analyst may contact you to request documentation related to your claim or to release some of your medical records. Once the board has your complaint and the necessary documentation, a medical consultant will review the complaint to determine whether the claim has grounds for a medical malpractice lawsuit.

No one can predict how long the claims process will take. Each case has many unique factors that may complicate the process. The board’s responsibility is to investigate any claims of medical professionals violating the standard of care for their patients and pursuing administrative action against those professionals if necessary. Once you know that the defendant in your claim violated the standard of care in your treatment, an experienced Bakersfield medical malpractice lawyer can help you build your case and take your next steps toward recovery.

Posted by highrank at 8:30 pm

Can I Sue a Doctor for Prescribing Wrong Medication?

Thursday, September 27, 2018

Medications can be powerful tools to help treat medical conditions, but improper usage can also lead to further complications – especially with prescription drugs. When improper medicines, dosages, or even combinations of medications come into play, a patient may suffer a further decline in health, or even a wrongful death. If the fault rests with the prescribing doctor, is it possible to sue? Read on to learn more or consider speaking with a Bakersfield medical malpractice attorney.

Prescription Errors as Medical Malpractice

Prescription errors can be a form of medical malpractice, in which a healthcare professional’s negligence leads to harm or damages to a patient. As a type of personal injury case, a medical malpractice claim consists of three major factors:

  • The doctor had a duty of care to the patient
  • The doctor breached that duty of care
  • The breach caused the plaintiff harm

In terms of prescription errors, the doctor has a duty of care to provide you with reasonable treatment. Prescribing the wrong medication (which can have severe consequences) is the breach of that duty, and any resulting harm that resulted from that prescription error may be eligible for compensation.

The complication that can arise from these cases is proving the duty of care and the breach. Often, the plaintiff will accomplish this by bringing in an expert witness that can testify and establish a reasonable standard of care, which serves as a comparison point for the doctor’s actions. In many cases, a doctor may be at fault if he or she:

  • Prescribes an incorrect medicine
  • Prescribes an incorrect dosage
  • Prescribes a medication that has known negative side effects with a patient’s other medications
  • Prescribes a medication that triggers a patient’s known allergies
  • Prescribes a medication that does not help the medical condition and causes the patient’s condition to worsen
  • Does not make clear the instructions for correct usage
  • Writes a prescription that a pharmacist may misread

Another important point of this type of case is that the error must have caused some form of harm. For example, if you picked up your prescription from the pharmacist and recognized the dosage was incorrect before taking any, you would not have a claim. The same would hold true even if you took the incorrect dosage and experienced no side effects.

Other Potentially Responsible Parties for Prescription Errors

While the doctor is often the first person you may consider suing for your prescription errors, he or she is not always the responsible party. Pharmacists, nurses, and manufacturers are all potentially liable for a prescription error. In some hospitals, the medical institution may be liable for any errors made by its staff. Additionally, a patient can be partially at fault if he or she is not open about his or her medical history when consulting with healthcare professionals.

With so many potentially liable parties for a prescription error, it’s essential to have skilled legal help on your side – both to correctly determine the at fault party and to meet strict filing requirements. Inaccurately filing your claim can be the difference in between a successful case and a lack of compensation. With the investigation resources and expert contacts of a law firm, you increase your chances of receiving compensation for the prescription error.

California law sets the statute of limitations for most medical malpractice cases to one year after discovery of injuries or within three years of the date of the injury. This strict timeline applies to prescription errors and means that you may waive your right to compensation if you do not file promptly. It’s in your best interest to hire an attorney the moment you discover the damages caused by the error.

If you’re uncertain if you have a medical malpractice case due to a prescription error, talking with a Bakersfield lawyer can help you understand your rights and learn if you’re eligible to receive compensation.

Posted by highrank at 9:52 pm