When doctors, nurses, and other healthcare providers in San Diego, California, make mistakes, the consequences can be catastrophic. As the victim of medical malpractice, it’s crucial that you take steps to hold your provider accountable and recover much-needed compensation to help you move forward with your life. The experienced San Diego medical malpractice lawyers at Pines Salomon Personal Injury Lawyers can help.
For decades, we’ve been fierce advocates for patients and families whose lives have been turned upside-down because of costly medical errors. As award-winning California litigators with over 80 years of combined experience, we’ve forced hospitals, insurance companies, and other tough opponents to pay our clients more than $100 million in monetary awards.
Benefit from our client-driven legal strategies and proven track record of success by calling our San Diego law office for help today at (858) 551-2090. Your initial case review is free.
How Pines Salomon Personal Injury Lawyers Helps Victims of Medical Malpractice in San Diego, CA
You know, deep down, that your doctor made a mistake. But how can you prove it? How can you force them to step up, admit fault, and make things right? There’s no denying that medical malpractice litigation is challenging. That’s why it’s critical to hire an experienced San Diego personal injury lawyer to help you.
Don’t underestimate how much power you have when choosing an attorney. In San Diego, CA, victims of medical malpractice trust Pines Salomon Personal Injury Lawyers because we’re compassionate, experienced, trustworthy legal advocates who are recognized as leaders in personal injury litigation by Martindale-Hubbell, America’s Top 100 Personal Injury Attorneys, and Super Lawyers.
When you ask us to help you take on your doctor, the hospital where you received care, and the insurance company, we’ll invest the full force of our law firm’s resources into your medical malpractice case.
Expect us to:
- Conduct an independent investigation into your medical malpractice claim
- Gather hospital charts, provider notes, communication between staff, photographs, and other evidence
- Hire independent medical experts to provide testimony in support of your legal claim
- Assess your damages and evaluate what your medical malpractice claim is worth
- Demand a top-dollar settlement during negotiations with the defense
- Help you understand the possible pros and/or cons of accepting any settlement offers extended by the hospital
- Reject lowball offers and argue the merits of your medical malpractice lawsuit at trial, if necessary
Dealing with the consequences of a medical mistake can be costly. Hiring a California medical malpractice attorney to help you get compensation shouldn’t be. That’s why Pines Salomon Personal Injury Lawyers handles medical malpractice litigation on a contingency fee basis. We only get paid when we win compensation for your claim. Better yet, our fees come out of your financial award, not your pocket.
Contact our San Diego law office today to learn more. There is no charge for an initial case evaluation with our team.
What Do I Have to Prove to Win a Medical Malpractice Case?
Before we can understand what has to be proven to win a medical malpractice lawsuit, it’s important to know what medical malpractice is.
In California, medical malpractice refers to a healthcare professional’s negligent, criminal, or fraudulent behavior. When malpractice causes a patient’s injury or wrongful death, the provider can be liable for resulting damages in a personal injury claim. Most often, medical malpractice claims are based on the tort of negligence.
When you file a medical malpractice claim in San Diego, you will have the burden of proving:
- The provider had a duty to use the “skill, prudence, and diligence as other members of the profession commonly possess and exercise”
- The provider breached this duty because their actions fell short of expected standards within California’s medical community
- The provider’s conduct was the direct and proximate cause of your injury
- You’ve suffered damages
Put another way, it’s your job, as the plaintiff, to prove that another provider would have handled your care differently and, in turn, you probably would not have been injured.
Our San Diego medical malpractice attorneys have decades of experience building successful negligence actions on behalf of injured patients across Southern California. Our winning legal strategies and relentless pursuit of justice have helped us win millions from insurance companies, hospitals, and negligent providers on their behalf.
What Are the Most Common Examples of Medical Malpractice?
Statistically speaking, roughly one-third of doctors are sued for malpractice during their careers. This isn’t surprising since medical errors are one of the leading causes of unintentional injury and death, accounting for upwards of 440,000 deaths annually.
While any medical mistake can be costly, some of the most common include:
- Misdiagnosis
- Cancer misdiagnosis
- Failure to diagnose
- Delayed diagnosis
- Failure to treat
- Surgical errors
- Anesthesia errors
- Medication errors
- Emergency room errors
- Birth injuries
- Defective medical devices
Several factors can contribute to or cause provider errors, including understaffed hospitals, failure to listen to patient complaints and concerns, charting errors, miscommunication between members of a medical team, and drug and alcohol abuse.
What Damages Can Be Awarded to Victims of Medical Errors in San Diego?
Filing a medical malpractice lawsuit can give you the opportunity to recover compensatory damages from your healthcare provider, the hospital, or an insurance company.
Compensatory damages can include two types of awards – economic and non-economic.
Economic damages are paid to help you handle the financial consequences you’ve experienced because your doctor made a mistake, including:
- Current and future medical bills
- Lost wages and earnings
- Diminished earning capacity
- Out-of-pocket expenses
- Rehabilitation
Non-economic damages are awarded to help you cope with harder-to-value trauma, such as:
- Loss of companionship
- Reduced quality of life
- Mental anguish
- Disability
- Pain and suffering
- Chronic physical pain
- Embarrassment
- Disfigurement and scarring
When a medical malpractice lawsuit goes to trial in San Diego County, a jury will have the power to award punitive damages if there’s compelling evidence that the healthcare provider (or another defendant) acted with malice, oppression, or fraud.
Our medical malpractice lawyers in San Diego will work hard to build a strong legal claim that forces your doctor to take responsibility for their actions and pay an amount that makes things right. Our claims will be backed by strong evidence, compelling facts, and persuasive expert testimony. If you don’t receive a fair settlement, we’ll be ready to bring your case to trial and fight for the results you deserve.
Who Could Be Liable For Medical Malpractice?
Many times, medical mistakes happen for a multitude of reasons. In the state of California, anyone who owes you a duty of care and contributes to a medical error can be liable for your resulting injuries.
Depending on the circumstances of your medical malpractice case, liability might extend to a:
- Primary care physician
- Surgeon
- OBGYN
- Oncologist
- Pediatrician
- Anesthesiologist
- Pharmacist
- Nurse
- Nurse practitioner
- Chiropractor
- Hospital administrator
- Hospital
- Urgent treatment facility
Our personal injury attorneys in San Diego will carefully investigate the circumstances of your medical care and work to identify exactly who bears responsibility for your injuries and suffering. When fault is clear, we’ll work hard to hold them all liable for your costs of medical care, loss of income, and much more personal damages related to pain and suffering.
How Long Will I Have to File a Medical Malpractice Lawsuit in California?
While most personal injury lawsuits are subject to a two-year statute of limitations in the state of California, different rules apply for matters of medical malpractice.
Under state law, you must file your claim within:
- Three years of the date you were injured by a medical error, or
- One year of the date you discover your injury, whichever occurs sooner.
When an act of medical malpractice is fatal, families have two years to file a wrongful death lawsuit for damages.
You must file your medical malpractice claim before the applicable filing deadline passes. When time runs out, you lose the ability to hold your doctor accountable for their negligence and the harm they’ve caused.
Arrange a Free Consultation With an Experienced San Diego Medical Malpractice Lawyer
Your doctor made a mistake. You shouldn’t have to deal with the consequences of their medical error on your own. Call Pines Salomon Personal Injury Lawyers, and trust our San Diego medical malpractice attorneys to help you demand a fair and just monetary award.
We’re trusted legal advocates with over 80 years of collective experience handling complex civil disputes. You’ll be able to count on us to go toe-to-toe with the hospital, their insurance company, and your healthcare provider in pursuit of the compensation you deserve to get your life back on track.
We offer a complimentary case evaluation, so reach out to our San Diego law office today.
