People trust their doctors and other healthcare professionals to provide them with sound care. Unfortunately, poor medical care sometimes results in painful injuries, which could be life-altering or even life-threatening. Whether the bad outcome was the result of incompetence or just a mistake, people who have suffered losses because of medical malpractice could be entitled to compensation.
If you have sustained injuries or other losses because of substandard healthcare treatment, contact an Anaheim medical malpractice lawyer as soon as you discover the injury.
These cases can be complicated but with the guidance of an experienced Anaheim personal injury lawyer, you could recover damages to compensate for your losses.
Meet Your Anaheim Medical Malpractice Attorneys
At Benji Personal Injury, our team, led by Daniel Benji, brings over 50 years of dedicated experience in personal injury law, specializing in medical malpractice cases.
We understand the profound impact that substandard medical care can have on your life, and we are committed to fighting for the justice and compensation you deserve.
Our deep expertise in handling complex medical malpractice claims sets us apart, ensuring that every case is meticulously investigated and skillfully litigated.
Our law firm is built on a foundation of trust, expertise, and relentless advocacy. We pride ourselves on our comprehensive approach to legal representation, addressing every detail to build a robust case for our clients.
We believe in providing personalized attention to each client, ensuring that you receive the medical care and support you need throughout the legal process.
Our commitment to excellence extends beyond the courtroom, as we actively engage in community initiatives like the “One Step at a Time Scholarship,” reflecting our dedication to supporting those who have faced significant challenges.
When you choose Benji Personal Injury, you are choosing a team that is deeply invested in your well-being and recovery. We are here to guide you through every step of the legal process, providing compassionate and professional representation to help you navigate the complexities of medical malpractice claims.
Trust us to stand by your side, advocate for your rights, and work tirelessly to secure the compensation and justice you deserve.
We are committed to providing comprehensive support and expert legal representation for victims of medical malpractice. Our experienced team understands the complexities of these cases and works diligently to ensure our clients receive the justice and compensation they deserve.
We handle a wide range of medical malpractice cases, including:
- Injuries caused by surgical errors
- Misdiagnosis or delayed diagnosis
- Medical negligence
- Improper or failed treatment
- Birth injuries
- Medication errors, and more
If we successfully establish that your medical professional failed to meet the standard of care, you’re entitled to damages.
Economic damages are verifiable or fixed costs that the patient incurred because of the healthcare provider’s negligence. These could include, among other documentable expenses:
- Costs of all medical treatment necessary because of the malpractice, including treatment that might be necessary in the future
- Expenses related to seeking and receiving the treatment
- Home renovations, adaptive equipment, and other costs necessary to live with the injury
- Rehabilitation expenses
- Lost income
- Diminished earning potential
Non-economic damages compensate for the suffering and changes in lifestyle the patient had to endure because of the medical malpractice. A patient could receive non-economic damages to compensate for their pain and suffering, loss of life enjoyment, loss of consortium, and loss of quality of life.
California does not cap the amount of economic damages a plaintiff could receive. However, new legislation came in in 2023 for non-economic damages to $350,000 against one or more healthcare providers. This cap increases each year by $40,000 until 2033.
At Benji Personal Injury, we operate on a contingency fee basis. This means that our clients do not pay any upfront costs or legal fees unless we successfully recover compensation on their behalf.
This pricing structure aligns our interests with those of our clients, ensuring that we are fully committed to achieving the best possible outcome for each case. By working on a contingency fee basis, we make our legal services accessible to everyone, regardless of their financial situation.
This allows clients to pursue justice without the added stress of worrying about legal expenses.
If you suspect that you or a loved one has been a victim of medical malpractice, these steps will help protect your health and legal rights:
1. Seek Immediate Medical Attention
- Get a Second Opinion: Consult another healthcare professional to assess your condition and confirm whether there was any negligence or improper treatment.
- Continue Treatment: Follow the new medical advice and ensure that you are receiving the correct treatment for your condition. Prioritize your health and recovery.
2. Consult a Medical Malpractice Attorney
- Seek Legal Advice: Contact an experienced medical malpractice lawyer as soon as possible. They can provide you with guidance on the viability of your case and the steps to take.
- Free Consultation: Many personal injury lawyers offer free initial consultations to discuss your case and advise on the next steps.
To take us up on our offer of a free case evaluation, call us today!
3. Document Everything
- Medical Records: Obtain and secure copies of all your medical records, including doctor’s notes, test results, prescriptions, and treatment plans. These documents are crucial for proving malpractice.
- Personal Notes: Keep a detailed journal of your symptoms, treatments, and any interactions with healthcare providers. Note dates, times, and specifics of conversations and treatments.
- Photographs: Take photos of any visible injuries or conditions resulting from the suspected malpractice.
4. Avoid Contacting the Suspected Provider
Do not discuss your suspicions with the healthcare provider or facility involved. Anything you say could be used against you in a legal case. Leave this up to the lawyer handling your case.
5. Preserve Evidence
- Medical Devices and Medication: Keep any medical devices, medications, or products that were involved in your treatment. These could be important evidence in your case.
- Financial Records: Collect all bills, invoices, and financial records related to your medical treatment and any additional costs incurred.
6. File a Complaint
Consider filing a complaint with the state medical board. This can lead to an investigation and provide additional support for your case.
If you’re unsure as to how to do this, consult the attorney handling your case for further advice.
7. Do Not Sign Anything
Avoid signing any documents or settlement offers from insurance companies or the healthcare providers without consulting your attorney. These could limit your ability to pursue further legal action.
8. Act Quickly – There is a Deadline
Statutes of limitation are laws that define a timeframe for parties to bring a lawsuit. For medical malpractice claims, California Code of Civil Procedure §340.5 sets the statute of limitations at three years from the date of the injury, or one year from the date the injury was discovered or should have been discovered, whichever comes first.
If an injury is not discovered until more than three years have passed, the injured person loses their right to sue.
The law permits an extension of the time in certain instances. Some events toll the statute of limitations, which means they stop the clock.
A plaintiff might be able to bring a malpractice suit if they could prove that the health care provider committed fraud or intentionally concealed the plaintiff’s injury.
When a foreign object with no therapeutic purpose is left in the patient’s body, the patient may sue for malpractice within one year of discovering the object’s presence.
A plaintiff’s attorney in a medical malpractice case must notify the healthcare provider of their intention to sue at least 90 days before filing the lawsuit. If the notice is made within 90 days of the expiration of the statute of limitations the time to file the lawsuit is extended for 90 days.
9. Follow Your Attorney’s Advice
Your attorney will guide you through the legal process, including gathering evidence, filing the lawsuit, and negotiating settlements. Follow their advice closely to strengthen your case.
10. Maintain Privacy
Be mindful of what you share about your case on social media and with others. Keep details confidential to avoid compromising your case.
Taking these steps can significantly improve your chances of successfully proving medical malpractice and obtaining the compensation you deserve.
If you need guidance on how to file a malpractice claim, get in touch with our experienced Anaheim medical malpractice attorneys today
Collecting this comprehensive evidence will help build a strong case for your medical malpractice claim, ensuring that all aspects of negligence and its impact on your life are thoroughly documented:
- Medical Records: Complete and detailed copies of all medical records, including doctor’s notes, test results, prescriptions, treatment plans, and hospital discharge summaries.
- Personal Medical Journal: A diary or journal documenting your symptoms, treatments, and any changes in your health. Note dates, times, and specifics of all medical interactions.
- Photographic Evidence: Photographs of any visible injuries or physical conditions resulting from the suspected malpractice.
- Medical Bills and Financial Records: All bills, invoices, and receipts for medical treatments, medications, and any other related expenses, including transportation costs for medical appointments.
- Witness Statements: Testimonies from any witnesses, such as family members, friends, or other healthcare professionals who can attest to the medical treatment received and its effects.
- Expert Witness Testimonies: Opinions and statements from medical experts who can testify that the standard of care was not met and how this failure led to the injury or worsening condition.
- Prescriptions and Medication Records: Detailed records of all prescribed medications, dosages, and instructions, as well as any errors or inconsistencies in medication administration.
- Medical Devices: Any medical devices, equipment, or products used during treatment, especially if they were defective or improperly used.
- Employment Records: Documentation showing lost wages and the impact on your ability to work, including pay stubs, employer letters, and tax documents.
- Correspondence: Copies of all communication with healthcare providers, insurance companies, and other relevant parties, including emails, letters, and messages.
- Incident Reports: Any formal reports or complaints filed with the healthcare facility or state medical board regarding the malpractice incident.
- Insurance Claims: Records of any insurance claims filed related to the medical treatment and the responses from insurance companies.
- Diagnostic Reports: Detailed results of diagnostic tests, such as X-rays, MRIs, blood tests, and other relevant medical tests.
- Treatment Plans: Copies of all treatment plans, including those proposed by the initial healthcare provider and any subsequent providers.
- Hospital Policies and Procedures: Documentation of the hospital or clinic’s policies and procedures, which may be relevant to proving deviations from the standard of care.
- Audio or Video Recordings: Any recordings of conversations with healthcare providers, if legally obtained, that can provide context or evidence of negligence.
- Legal Documents: Copies of any legal documents related to the case, such as prior complaints, previous lawsuits against the healthcare provider, or settlements.
- Pain and Suffering Journal: A personal account detailing the physical pain, emotional distress, and impact on daily life caused by the malpractice.
- Rehabilitation Records: Documentation of any rehabilitation or therapy received as a result of the malpractice, including progress reports and therapist notes.
- Insurance Policy Documents: Copies of your health insurance policy and any correspondence related to the coverage of treatments and expenses.
Yes, this is a comprehensive list, and it might feel overwhelming. However, our team can do the hard work for you and collect the evidence while you recover from any injuries due to medical errors. Contact us today for a free consultation on how we can help further.
Here’s a short summary of why we feel we’re in the best position to file a California medical malpractice claim to help you get the compensation you deserve:
- Extensive Experience: Over 50 years of dedicated experience in handling complex medical malpractice cases.
- Proven Track Record: A history of successful settlements and verdicts for our clients, demonstrating our ability to secure substantial compensation.
- Client-Centered Approach: Personalized attention and tailored legal strategies to meet the unique needs of each client.
- Comprehensive Legal Support: From initial consultation to final resolution, we manage all aspects of your case with diligence and expertise.
- No Upfront Costs: Our contingency fee basis means you don’t pay any legal fees unless we win your case.
- Access to Medical Experts: Strong relationships with medical professionals who provide expert testimony to support your claim.
- Detailed Case Investigation: Thorough investigation of all medical records, treatment histories, and evidence to build a robust case.
- Strong Negotiation Skills: Aggressive negotiation tactics to secure the best possible settlements without unnecessary litigation.
- Trial Readiness: Prepared to take your case to trial if needed, with a team experienced in courtroom advocacy.
Medical malpractice can arise in almost any interaction between a patient and a healthcare provider. A successful medical malpractice case hinges on whether the injured person can prove that the medical provider did not meet the appropriate standard of care.
The standard of care is the kind of care that a similarly credentialed professional with a reasonable level of competence and skill would have rendered under the same or similar circumstances. Failure to meet that standard constitutes professional negligence, which triggers liability for damages.
To meet the standard of care a medical professional need not have provided flawless treatment, but only a quality of care that a reasonably competent and skilled colleague might have provided. An experienced attorney could gather opinions from medical experts to establish that the standard of care was not met in a particular case.
Common Types of Medical Malpractice Errors
- Misdiagnosis: Incorrectly diagnosing a condition, leading to improper treatment or delayed care, which can worsen the patient’s condition.
- Delayed Diagnosis: Failing to diagnose a condition promptly, resulting in the progression of the disease or condition and reduced chances of successful treatment.
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong site, leaving surgical instruments inside the body, or causing unintended damage to organs or tissues.
- Medication Errors: Prescribing the wrong medication, incorrect dosage, or failure to recognize drug interactions or allergies, causing harm to the patient.
- Anesthesia Errors: Errors related to anesthesia administration, such as overdose, insufficient anesthesia, or failure to monitor the patient’s vital signs, leading to serious complications or death.
- Birth Injuries: Harm caused to the mother or baby during childbirth due to negligence, such as improper use of forceps or vacuum, failure to perform a timely C-section, or mismanagement of delivery complications.
- Failure to Obtain Informed Consent: Performing a procedure or treatment without the patient’s informed consent, meaning the patient was not properly informed of the risks, benefits, and alternatives.
- Improper Treatment: Providing treatment that is not appropriate for the patient’s condition or failing to provide necessary treatment, leading to adverse outcomes.
- Emergency Room Errors: Mistakes made in the fast-paced environment of an emergency room, such as failure to prioritize critical patients, misreading diagnostic tests, or premature discharge.
- Infections: Hospital-acquired infections due to unsanitary conditions, improper sterilization of instruments, or failure to follow infection control protocols.
- Radiology Errors: Misinterpretation of X-rays, MRIs, CT scans, or other imaging tests, leading to incorrect diagnosis or missed conditions.
- Nursing Errors: Mistakes made by nursing staff, such as failure to monitor patients, administer medications correctly, or communicate important information to doctors.
- Dental Malpractice: Errors during dental procedures, such as extraction of the wrong tooth, nerve injuries, or failure to diagnose oral diseases.
- Failure to Follow Up: Neglecting to follow up on abnormal test results, ensuring the patient receives necessary care and monitoring.
- Laboratory Errors: Mistakes in lab testing, such as incorrect labeling of samples, errors in processing, or misinterpretation of results, leading to wrong diagnosis and treatment.
Speak to an Anaheim Med Mal Attorney Today!
A successful claim alleging a medical provider did not meet the standard of care requires the assistance of a seasoned legal professional. It is not a claim an injured person should attempt to pursue alone.
An Anaheim medical malpractice lawyer has the skills to prepare a successful medical negligence action and the resolve to see it through until you get the compensation they deserve.
Contact the office today to schedule a case review.
By submitting this form, you agree to our Terms of Service and acknowledge our Privacy Policy. You also consent to receive calls, texts and emails from Benji Personal Injury Accident Attorneys.