Orange County Medical Malpractice Attorney
When you get sick or have a medical condition that needs attention, you go to the doctor or hospital to seek treatment. You don’t expect to get worse as a result of the healthcare professional or facility’s negligence. Unfortunately, mistakes and errors can happen in any profession. When it happens in the medical profession, it can be dangerous and even deadly for the patient.
Law Offices of Samer Habbas & Associates is a full-service law firm that represents victims of medical malpractice and birth injuries. The firm’s medical malpractice attorneys have proven themselves among the most accomplished and have helped victims and families successfully through their legal journeys. The legal team is committed to representing individuals who have become the victim of some form of negligence at the hands of medical professionals.
With multiple offices located in Irvine, Los Angeles, El Segundo, San Diego and Riverside, our lawyers represent victims of medical malpractice across Southern California. If you or a loved one was injured because of medical malpractice, contact the Irvine malpractice attorneys at 949-727-9300
What is Medical Malpractice?
Medical malpractice takes place when a healthcare provider (such as a hospital, doctor, nurse or other medical professional) provides treatment that falls below the accepted standard of care in the community, putting the patient at further risk of injury and even death. In other words, if a healthcare professional fails to act where others in a similar situation with similar training would have, the individual or facility may be liable for any resulting injuries and other losses. In such a case, you would have a medical practice claim.
Examples of Medical Malpractice
You may become the victim of medical malpractice in various ways. Below are some common cases of medical malpractice:
- Improper diagnosis/failure to diagnose, a disease or medical condition.
- Failure to treat a medical condition appropriately.
- Failure to listen to the patient and recognize symptoms.
- Failure to examine medical history.
- Unreasonable delay in treating a diagnosed medical condition.
- Prescribing or administration of the wrong drugs or treatment, and surgical errors.
- Failure to provide adequate postoperative care.
Damages in a Medical Malpractice Case
When you suffer injuries and other losses caused by a medical professional’s negligence, you may be entitled to compensation. Compensatory medical malpractice damages attempt to make victims “whole” again and provide money damages for economic and non-economic losses. This is also known as “actual damage”.
Common economic losses that may be recovered as part of a medical malpractice claim include:
- Past and future medical expenses.
- Loss of wages.
- Loss of earning capacity.
- Pain and suffering.
- Loss of consortium.
- Other damages that are related to the injuries and losses in the case.
Damages are case specific and depend on the specific facts of your case. The Orange County medical malpractice lawyers at Law Offices of Samer Habbas will take the time to fully investigate your case and determine all types of damages that you may be entitled to before making a demand to the liable parties.
Time Period to File a Medical Malpractice Claim
All states have very specific time frames during which victims can file medical malpractice claims and lawsuits. If you fail to file a claim within this window, you will be forever barred from filing a claim and the right to seek monetary compensation. In some cases, if the medical malpractice involves fraud, misrepresentation, or other foul play on the part of the medical professional, the time frame may be extended to give the victim additional time to file suit.
In California, a medical malpractice claim must be filed no later than three years after the date of injury or one year after the victim discovers, or through the use of reasonable diligence should have discovered the injury. Given this short time frame, it is imperative that you immediately contact an experienced Irvine medical malpractice attorney as soon as you suspect that you have become a victim of medical malpractice.
Frequently Asked Medical Malpractice Questions
- If I had known the risks, I wouldn’t have agreed to the medical procedure in the first place. Can I file a lawsuit against my doctor? — That depends on the risks and what the patient knew before the operation. Healthcare professionals have set requirements before a patient can officially agree to a medical procedure. One of those requirements is to fully disclose the treatment process, list any post-operative lifestyle changes, and the possible risks involved with the specific procedure. This is called “informed consent”.
- What if I signed a consent form? Am I still able to sue for medical malpractice? — Signing a consent form does not waive your rights to sue for medical malpractice and hold all those accountable. A consent form does not protect a doctor or healthcare professional on negligent acts. By failing to perform at the standard level of care, the doctor or healthcare professional has committed medical malpractice.
- What does “breached standard of care” mean? — Healthcare professionals are expected to serve at a standard level of care, in which they vow to perform their duties to the best of their abilities, with ethical integrity and utmost respect for those in need.When the standard level of care they owe to their patients is breached, due to negligence, the damages can be catastrophic or even fatal.
Contact a Top-Rated Orange County Medical Malpractice Lawyer
If you or a loved one has suffered serious injuries as a result of negligence by a healthcare professional, the experienced medical malpractice Irvine lawyers at the Law Offices of Samer Habbas & Associates can help. They have the experience, resources and compassion to ensure that you will obtain the best representation when you need it the most.
With multiple offices located in Irvine, Los Angeles, El Segundo, San Diego and Riverside, our lawyers represent victims of medical malpractice across Southern California. For more information or to schedule a complimentary consultation with one of the experienced attorneys, please call 949-727-9300.