Liability in Medical Malpractice Cases
People go to doctors and healthcare providers with the assumption that these professionals’ extensive training, knowledge, and certifications have given them the skills to help improve patients’ well-being and health. Doctors are assumed to be among the smartest members of society, but doctors are human, too. Just like anyone else, doctors can make mistakes. While some mistakes are minor and have few repercussions, other mistakes can completely alter someone’s life.
The state of California places a time limit and a damage cap on medical malpractice claims. We can assist you through the claim-filing process and make certain you are completing each step in accordance with the law. If you were injured as a result of a negligent doctor or careless healthcare provider, consult our personal injury lawyers immediately.
In order to recover the compensation that you deserve for your injuries, it must be proven that a medical professional failed to adhere to the standard of care when treating you. Essentially, if a doctor took an action that a competent doctor would not have ordinarily taken or failed to act in the manner that a competent doctor ordinarily would have acted, he or she is considered negligent. Proving this negligence requires testimony from medical experts who can analyze how a competent doctor would have treated you.
As it can sometimes be difficult to prove that an injury or illness was directly the result of medical procedure, the law allows for arguments to use a doctrine of res ipsa, which essentially means that a plaintiff only has to show that a condition would not have occurred if not for a doctor’s negligence.
This means that a plaintiff must prove the following factors:
- There is no evidence of the injury’s actual cause
- The injury does not typically occur in the presence of competent treatment
- The plaintiff did not cause his or her own injuries
- The doctor, nurse, or hospital had exclusive control over the event that resulted in injury
- The injury could not have been caused by any other event
These doctrines can be complicated and confusing, which is why it is essential to have legal guidance of an experienced and knowledgeable attorney. At The Law Offices of Bamieh & De Smeth, PLC, we are committed to doing everything in our power to help you receive the financial support that you need to recover from an injury caused by medical negligence.
Examples of Medical Malpractice
Our legal team believes that medical malpractice accidents are events that should never happen. Medical practitioners should be held to a higher standard of care and professionalism, as they hold the lives of their patients in their hands. From miscommunication or not communicating at all to errors in practice, tragic mistakes can happen in the medical world.
Examples of medical malpractice include:
- Improper administration of anesthesia and other anesthesia errors
- Foreign objects left inside the patient’s body after surgery
- Improper transplant or blood transfusion
- Surgical mistakes, including wrong location, wrong organ, or wrong limb
- Wrong diagnosis or failure to diagnose on time
- Child birth injuries
- Medication errors, including wrong prescription or improper dosage
- Doing or saying nothing when medical action is required
No matter who is liable for your injuries or your loved one’s death, we can work to hold the person or party accountable for the damages that have been done to you in a wrongful death claim. You can rest assured our in-house private investigators can work day in and day out to uncover any evidence that may suggest a history of negligence. We can obtain whatever information is needed to prove a medical professional’s wrongdoing caused your damages.
Were You a Victim of Medical Malpractice?
At The Law Offices of Bamieh & De Smeth, PLC, we can represent injured victims from any local hospital, including:
- Community Memorial Hospital
- Aurora Vista Del Mar Hospital
- Ventura County Medical Center
- Ventura Urgent Care Center
- St. John’s Pleasant Valley
- Pacific Shores Hospital
Whether a doctor, nurse, or another hospital worker was responsible for your injury, our Ventura medical malpractice attorneys can help you get your rightful compensation.
Full-Service Attention & Trial-Winning Advocacy
While you are searching for medical attention to recover, you are probably struggling to make ends meet and pay for the medical bills. With our firm at your side, you can focus all of your energy on recovery while we effectively and affordably handle the legal concerns. Call in our professional team.
Our full-service law firm can offer you everything that you need at this time:
- We have the legal knowledge to answer your questions.
- We have the care and compassion to represent you and your family.
- We have the investigative team to uncover healthcare negligence.
- We have the expert contacts to review medical breaches of standards or duty of care.
- We have the tireless approach to help you maximize your compensation.
Contact Our Experienced Lawyers in Ventura and Santa Barbara
We have handled thousands of cases and have litigated against employers, product manufacturers, companies, corporations, hospitals, religious organizations, and municipalities. No matter how powerful the opposing party may seem, our Ventura personal injury lawyers know how to create a compelling and persuasive case that can level the playing field and make the justice system work in your favor. Contact us to schedule your free, confidential case evaluation and get started on your claim.