SAN DIEGO MEDICAL MALPRACTICE ATTORNEY
People in all professions make mistakes, but a mistake in the healthcare profession can result in serious injury or death to the patient. Unfortunately, many people suffer injuries each year as a result of medical negligence or medical malpractice caused by doctors, other health care professionals, and malfunctioning medical devices. Failing to diagnose a medical condition in time, inattention to patients, and prescribing incorrect medications can lead to birth defects, severe brain damage, spinal cord injuries, and death. When a health care professional provides substandard care, the injured patient may have a medical malpractice claim against that individual or facility where the injury occurred.
If you or a loved one has been the victim of medical malpractice, contact the experienced San Diego medical malpractice attorneys at the Law Offices of Samer Habbas & Associates. We will explain your rights, help you understand your options, and aggressively fight for the settlement that you deserve. With multiple offices located in San Diego, Irvine, Anaheim, Riverside, Los Angeles, and El Segundo, our medical malpractice lawyers represent mistreated patients across Southern California. For more information or to schedule a complimentary consultation with an experienced San Diego medical malpractice lawyer, please call 949-558-3421.
Medical Malpractice Cases We Handle
At the Law Offices of Samer Habbas, we focus our efforts on medical malpractice lawsuits. Below are just some of the many types of medical malpractice cases we handle:
- Cancer misdiagnosis
- Brain injuries
- Surgical errors
- Anesthesia error
- Surgical errors
- Cosmetic surgery error
- Pediatric meningitis
- Failure to diagnose
- Infections in hospitals
- Medication error
- Wrongful death
- Emergency room error
Our experienced San Diego medical malpractice attorneys are dedicated to helping you achieve the best possible results from your claim and to secure the compensation you deserve for your medical bills, lost wages, and pain and suffering. We understand the emotional nature of these types of cases, which is why our legal team and support staff will go above and beyond to support you during this difficult time.
California Statute of Limitations For Medical Malpractice Cases
Similar to other personal injury cases, you have a specific period of time in which to file a medical malpractice claim. Under California law, you must file a medical malpractice claim within one year from the date that you knew of your injuries, the date you should have known of your injuries through the exercise of reasonable diligence, or three years from the date of the actual injury, whichever comes first.
Because the statute of limitations for medical malpractice claims is comparatively short compared to other personal injury claims, it is important that you consult with an aggressive San Diego medical malpractice attorney as soon as you become aware of medical negligence. The attorneys at the Law Offices of Samer Habbas are fully committed to you and your cause. We will aggressively pursue your claim because we understand how important your case is to you and your loved ones.
Frequently Asked Medical Malpractice Questions
Do I have a case for medical malpractice?
It’s not always easy to determine whether or not you have a claim for medical negligence. If you suspect that you might, you should find out for sure right away to avoid missing the limitation period and losing out on any financial compensation.
The steps below can help you determine whether or not you have a claim:
- The medical professional had ‘duty of care: If you can show that the doctor or medical practitioner had a duty of care for you or your family member, which means you or your family member sought medical help from the doctor or medical practitioner and made them aware of ailments, illness, or injuries, you may have a claim.
- The medical professional breached duty of care: If you can show that the practitioner’s actions (or lack thereof) fell below the expected duty of care for someone trained in that field, you may have a claim.
- The breach caused you harm: If you can show that you endured pain, harm, or suffering as a result of the breach of duty of care, you may have a claim.
- You have lost work and/or earnings as a result of the breach: If you missed work and/or lost wages due to the suffering or injuries incurred at the hands of medical professionals, you may be entitled to financial compensation for loss of earnings.
- Change of Lifestyle: If you have had to alter your lifestyle, such as becoming disabled, losing limbs, senses, or fertility as a result of a breach of duty of care, you may have a compensation claim.
- You have received an apology: Hospitals and medical practices often offer apologies for mistakes to the patient after an internal investigation into what went wrong. Occasionally, patients or their families receive an offer of financial compensation. If you have received an apology and/or offer of financial compensation, you may have a claim.
What are the 4 elements of malpractice?
The four elements of medical malpractice are:
- Duty: The duty of care owed to patients.
- Dereliction: the breach of this duty of care.
- Direct cause: establishing that the breach caused injury to a patient.
- Damages: the economic and non-economic losses suffered by the patient as a result of their injury or illness.
What is the most common reason for malpractice?
Multiple studies have shown that the most common medical error resulting in medical malpractice is misdiagnosis. A doctor may fail to diagnose a medical problem that exists or make an incorrect diagnosis. A missed or incorrect diagnosis leads to a lack of appropriate treatment and/or potential treatment that causes the patient harm, such as unnecessary surgery. Heart attacks are often misdiagnosed because the primary symptoms of nausea, pain, and shortness of breath, can be caused by a variety of ailments.
Another related reason for malpractice is a delayed diagnosis that allows the illness to progress and harm the patient. For example, delaying the diagnosis of cancer can be devastating as early detection is often key to successful treatment.
How do you win a malpractice lawsuit?
Medical malpractice cases are notoriously difficult for patients to win. Here are the three steps you need to take toward winning a malpractice lawsuit:
- Proving that the doctor’s conduct amounted to medical negligence: can be difficult as very few doctors will acknowledge that they made a mistake.
- Convincing a jury that the doctor was in the wrong: can also be hard to do unless the doctor does something obvious like leaving an instrument inside a patient after surgery.
- Finding a qualified lawyer who can present your best case: Finding a qualified lawyer is critical to the success of a medical malpractice case. An experienced medical malpractice lawyer knows how to play the game, find, analyze and use the evidence, and settle with the provider’s insurance company.
How long do you have to file a malpractice suit in California?
Medical malpractice lawsuits must be filed within one year of the patient discovering the injury or within three years of the date that injury occurred, whichever comes first.
- If a medical instrument was left in a patient’s body during a surgical procedure, the patient has up to 10 years to file a medical malpractice lawsuit as long as the patient files the lawsuit within one year of discovering the instrument.
- For children under the age of 18, the parents or legal guardians of the minor must file a medical malpractice lawsuit within three years. For children under the age of six, the lawsuit should be filed within three years or before the minor turns eight, whichever is longer.
- For children who were injured prior to or during birth, their parents or legal guardians have 6 years to file a medical malpractice lawsuit on their behalf.
Contact an Expert San Diego Medical Malpractice Lawyer
If you or a loved one has been injured by medical negligence, please contact the experienced and knowledgeable San Diego medical malpractice attorneys at the Law Offices of Samer Habbas & Associates. We can help you obtain legal recourse for your medical expenses, lost wages, and any other costs associated with your accident.
With multiple offices located in San Diego, Irvine, Anaheim, Riverside, Los Angeles, and El Segundo, our personal injury lawyers represent patients in medical malpractice claims across Southern California. For more information or to schedule a complimentary consultation with an experienced San Diego medical malpractice lawyer, please call 949-558-3421.