As patients, we expect doctors and other medical professionals to use their expertise and skills to make us better. Unfortunately, far too many patients end up sicker than before due to their medical team’s negligence.
At The Law Office of Brian P. Azemika, we can represent you and seek money damages for medical malpractice. This is a difficult claim to bring successfully. Doctors and hospitals employ aggressive legal teams which are not afraid to use any trick in the book to get a claim dismissed. For assistance with your case, contact our law firm today.
What is Medical Malpractice?
Malpractice goes by different names, including “medical negligence” or “professional negligence.” Essentially, a doctor or other medical professional does not use the skill and care we expect when they treat us.
Under California law, our clients will need to prove that a healthcare professional committed a negligent act or failed to act due to negligence in the provision of professional services. We also must establish that this negligence was the proximate cause of our client’s injury or death.
Who Can You Sue?
Any number of medical professionals could fail to use care while providing medical services. We are prepared to sue:
- Physical therapists
- Medical laboratories
Sometimes, our clients have valid claims against multiple parties. For example, a doctor might have committed malpractice, but a clinic or hospital was also negligent in hiring him because they did not perform an adequate background check.
Examples of Medical Malpractice
There are almost too many examples to identify. Some of the more common, however, include:
- Missed diagnosis or wrong diagnosis
- Improper medical procedure
- Failure to order tests
- Failure to prescribe appropriate treatment
- Foreign objects left behind after surgery
- Failure to follow up with a patient
- Premature discharge from the hospital
- Prescription drug errors
- Wrong site or wrong patient surgery
- Hospital-acquired infections
The key is whether the medical professional used appropriate care. Contact a Roseville personal injury attorney today to learn more.
What Compensation Can You Receive?
Like other personal injury lawsuits, our clients should receive damages to make up for their losses. We often seek monetary damages to cover:
- Medical care. Patients often need additional medical treatment to fix their condition. This extra care can include surgery, drugs, rehab, and doctor visits. If our clients are permanently injured, they might need at-home help or habitation in a group or nursing home.
- Lost earnings, including loss of earning capacity for permanent injuries. It is not unusual to miss weeks and possibly months of work to recover from a medical error.
- Pain and suffering. These damages cover pain, inconvenience, emotional distress, irritability, and other types of losses.
California does cap some damages in medical malpractice cases. This is unfortunate, but it is the law. Currently, California Civil Code § 3333.2 caps the amount of compensation you receive for pain and suffering and other intangible losses to $250,000. Your economic losses—like medical bills and lost income—are not capped.
Why You Should Contact a Lawyer Now
Medical malpractice cases differ from run-of-the-mill personal injury lawsuits. For example, you will need expert witnesses to establish key facts of the case, such as whether the medical professional followed the correct standard of care or not. Lay people, like jurors, cannot understand this without help from those with expertise in the medical field. Our law firm has developed deep networks of experts who can assist with a case.
An expert witness can also establish a connection between the doctor’s act or omission and your injuries. For example, you might have developed hallucinations after being prescribed a prescription drug. An expert can connect the drugs to your symptoms.
Finding helpful evidence is difficult, too. Some hospitals and doctors refuse to hand over patient records, or they put up an unnecessary fight. Let our legal team build a case for you.
Victims Have a Limited Time to Sue
California’s statute of limitations gives medical malpractice victims a window of time to sue. Generally speaking, adults get three years from the date of the negligent treatment, whereas children might only have until their eighth birthday if they were injured while under the age of six.
Certain factors—such as fraud or concealment by your provider—could “toll” the statute of limitations. But there are strict deadlines to meet, and no one should assume they will get an extension. Contact an attorney as soon as possible to review your case.
Our Roseville Medical Malpractice Lawyer Values Your Wellbeing
Brian P. Azemika realizes that taking on a doctor or hospital is a scary experience. That is why he has provided his services to personal injury victims in Roseville for years. Contact his law firm today to schedule a free, confidential consultation.
Brian Azemika fought for me when others thought my case was a lost cause. Brian Azemika took over my case with only a few weeks to prepare prior to trial. His knowledge and expertise showed in how he prepared me for my testimony at trial. He also had a great presence in the courtroom and really connected with the jury during the entire trial. He did such a great job in the eyes of the jury that many of them approached him after the trial and asked him for his business card. Thanks to Mr. Azemika, the jury returned a verdict for $400,000.00, which was amazing since the settlement offer from the insurance company was for only $45,000.00 on the first day of trial. I am so glad that Brian Azemika was my trial attorney.