Every day, people in and around Oakland seek medical treatment for illnesses or injuries. When they do that, they place their trust and confidence in hospitals, doctors, nurses, technicians and other providers of health care services. There are times that medical care providers make serious mistakes that result in patients suffering needlessly though. Some patients even die from those mistakes. If you suffered an injury as a result of medical malpractice, or if you suspect that you lost a loved one because of medical malpractice in or around Oakland, the knowledgeable and experienced California medical malpractice lawyers here at Quirk Accident & Injury Attorneys, APC are here to help you and your family. We’re committed to the aggressive representation of patients who were injured or lost as a result of medical negligence.
The Medical Malpractice Standard of Care in California
In a successful medical malpractice case, the attorney for the plaintiff must prove that an injury was caused by the care and treatment of a medical professional that deviated from the standard of care that others in the same medical specialty who practice in the same geographical area would exercise in the same or similar circumstances. Retaining such a medical expert for purposes of reviewing appropriate medical records and testifying as to the standard of care and a breach of it by a medical professional is pivotal in any California medical malpractice case.
Examples of Medical Malpractice Under California Law
Nealy all medical errors or omissions are perfectly preventable. Some of the more common instances of medical malpractice in and around Oakland follow:
- Birth injuries like cerebral palsy from an inadequate oxygen supply.
- Improper use of forceps or vacuum extractors during delivery.
- Medication errors when a drug is improperly prescribed, a prescription is improperly filled or the dosage is incorrect.
- Surgical errors like leaving surgical instruments inside of a patient, operating on the wrong body part or even the wrong person.
- Diagnostic errors like an incorrect diagnosis, a failure to diagnose or a delayed diagnosis.
- Negligence in laboratory testing.
- Anesthesia errors before or during surgery.
- Failure to obtain informed consent.
California Medical Malpractice Statute of Limitations
A statute of limitations places a deadline on when a person must file a lawsuit by. The statute of limitations for medical malpractice cases in California is controlled by CCP 340.5. There are very few exceptions to this limitations period. Under section 340.5, a California medical malpractice lawsuit must be filed within one year of when the victim knew or should have known of the injury or three years from the date of the alleged malpractice, whichever comes first. A notice of intent to sue must also be filed before the statute of limitations expires.
If you believe you were injured as a result of medical malpractice, or if you suspect that your loved one died as a result of it, you’re going to need the help of a knowledgeable and skilled medical malpractice attorney today. Here at Quirk Accident & Injury Attorneys, APC, we aggressively and relentlessly pursue compensation and justice for the victims of medical malpractice in and around Oakland. In this regard, we offer free consultations and case reviews for people who suspect medical malpractice. Remember that the statute of limitations on medical malpractice cases in California is short and a notice of intent to sue is required. Contact our office for that free consultation and case review as soon as you can.