Murrieta Medical Malpractice Lawyers
If you were injured or your loved one died due to a medical error, our Murrieta medical malpractice attorneys can help.
When you need to see a doctor or go to an emergency room (ER), you entrust your health to medical professionals. When seeking medical attention or undergoing treatment or surgery, the last thing on your mind is the possibility of getting injured due to a medical error.
Unfortunately, mistakes are not uncommon when receiving medical treatment. Statistically speaking, medical malpractice is the third leading cause of death in the United States.
If you or your loved one has been harmed as a result of medical malpractice, contact our attorneys at Gibbs & Fuerst, LLP as soon as possible. Our Murrieta medical malpractice lawyers have more than 75 years of combined experience in successfully representing clients throughout Southern California.
What is Medical Malpractice?
Medical malpractice occurs when a medical professional or healthcare provider (a physician, doctor, surgeon, nurse, assistant, or another):
- deviates from the standards recognized by the medical profession as being acceptable; and
- causes harm, injury, or death to the patient.
In other words, a healthcare provider can be sued for medical malpractice when:
- They fail to provide a reasonable level of care that another qualified medical professional would have been able to provide in a similar situation; and
- Their negligent act or omission causes bodily injury or death to a patient.
What are the Common Types of Medical Malpractice?
Our experienced and dedicated lawyers at Gibbs & Fuerst, LLP, handle all types of medical malpractice cases, including:
- Medication errors (overdose and underdose)
- Birth injuries
- Surgical errors, including wrong-side, wrong-patient, and wrong-procedure surgeries
- Foreign objects left in patients after surgery
- Anesthesia negligence, including anesthesiologist errors
- Emergency room (ER) malpractice
- Unnecessary surgery
- Failure to diagnose
- Delay in diagnosis
- Failure to obtain a patient’s informed consent
- Failure to consult with a specialist
- Failure to refer a patient to a specialist for proper care
- Providing the wrong treatment or procedure
- Failure to provide treatment in a timely manner
- Failure to warn a patient of known risks
- Understaffing or inadequate staffing or training
- Nursing malpractice
- Failure to properly monitor a patient
What are the Common Medical Malpractice Injuries?
Some of the most common injuries caused by hospital errors, failure to diagnose, misdiagnosis, medication errors, and other types of medical malpractice include:
- Birth injuries
- Bone fractures
- Drug overdose
- Burn injuries
- Allergic reactions
- Quadriplegia or paraplegia
- Nerve damage
- Organ failure or damage
- Kidney or liver failure
- Internal bleeding
- Heart attack
- Loss of consciousness
- Altered mental state
What is the Statute of Limitations in California Medical Malpractice Cases?
California imposes a statute of limitations on all personal injury cases, including medical malpractice. In other words, you must bring a lawsuit within a certain amount of time to be eligible for financial compensation.
The statute of limitations in medical malpractice cases is two years from whichever is the earlier date:
- The date of your injury; or
- One year from the date on which you discovered or reasonably should have discovered the injury.
Failure to bring a claim within the specified time frame would result in losing your right to sue the negligent healthcare provider.
How Can a Murrieta Medical Malpractice Lawyer Help Me?
If you have been injured due to a medical error, you may wonder, “What can a medical malpractice lawyer do for me?” While it may seem that suing a negligent medical professional is a straightforward process, pursuing a medical malpractice lawsuit against a doctor or hospital can be complicated.
There are at least six reasons why you need a Murrieta medical malpractice lawyer to help you recover damages:
- Communication with insurance companies. Your lawyer will handle communication with insurance companies to protect your rights.
- A massive amount of paperwork. Your attorney will prepare a large amount of paperwork and collect all available evidence to build a strong case.
- Value of your medical malpractice claim. Your lawyer will estimate your losses to determine the amount of compensation you are entitled to.
- A favorable settlement. Having an attorney on your side helps you negotiate and fight for a maximum settlement or verdict in your case.
- Strong case. The success of your medical malpractice claim depends on your lawyer’s ability to overcome the hurdles and strengthen your case.
- Fast compensation. An attorney knows how to speed up the claims process to ensure that you receive maximum compensation as soon as possible.
What Damages Can I Sue for in My Medical Malpractice Case?
If you have suffered an injury and losses due to negligence on the part of your doctor, surgeon, hospital, or another liable party, you are entitled to recover damages.
Damages in medical malpractice cases are divided into two categories:
- Compensatory damages, which include economic and non-economic damages; and
- Punitive damages, also known as exemplary damages in California.
Economic and non-economic (compensatory) damages include:
- Past and future medical bills
- The cost of physical therapy and rehabilitation
- Lost wages
- Diminished earning capacity
- Loss of enjoyment of life
- Pain and suffering
- Emotional distress
Punitive (exemplary) damages, which intend to punish the defendant for their conduct, are rarely available in medical malpractice cases in California. You may be entitled to punitive damages only when there is clear and convincing evidence of fraud, malice, or oppression on the part of the doctor or hospital that caused you harm.
Damages that may be awarded in your medical malpractice case should be determined on a case-by-case basis. Consult with our Murrieta medical malpractice lawyers at Gibbs & Fuerst, LLP, to evaluate your specific case, determine all available types of evidence, and estimate how much your claim is worth.
Call Experienced Murrieta Medical Malpractice Lawyers Today
We have a track record of success in representing medical malpractice victims in Murrieta and throughout Southern California. Our reputable and experienced medical malpractice attorneys at Gibbs & Fuerst, LLP, have the necessary resources and expertise to build a strong case and help you win the compensation you deserve.
Schedule a consultation to discuss your particular medical malpractice case. Call 951-397-0373 or fill out our contact form.