According to Johns Hopkin, about 250,000 people are killed each year by medical malpractice, and hundreds of thousands of patients are seriously injured. Unfortunately, many of these errors go undetected, and innocent victims and their families have no way of holding negligent doctors and hospitals accountable for their mistakes.
The Law Office of Brian P. Azemika can help. If you suspect a medical error has contributed to your injury, please contact us today. We have experience uncovering malpractice and building the types of cases that get favorable results.
Defining Medical Malpractice
Doctors, like all professionals, must use adequate skill and care with their clients. Doctors must spend years in college and then in residency obtaining the competency needed to help patients get well.
Medical malpractice occurs when a doctor or other medical professional fails to follow the correct standard of care based on the circumstances. They make some error out of carelessness or ignorance which a professional in a similar situation would not make. Put differently, a doctor or other medical professional fails to provide competent care and a patient is injured as a result.
Although many medical malpractice professionals are doctors, we have also sued nurses, dentists, therapists, psychologists, chiropractors, pharmacists, and hospitals.
Identifying Types of Medical Malpractice
Our clients come to us with injuries stemming from:
- Missed or delayed diagnosis. Based on a patient’s symptoms, a careful doctor would have properly diagnosed a condition. Because of the missed or delayed diagnosis, a patient does not receive the correct treatment in a timely manner and can end up sicker or, sometimes, even dead.
- Surgical error. A surgeon can damage healthy tissue by improperly performing a medical procedure or leaving implements (like sponges) behind.
- Laboratory error. Lab techs could improperly process lab results or fail to correspond with a doctor in a timely manner.
- Prescription mistakes. A doctor could prescribe the wrong drug, or a pharmacist could fail to fill the script properly or neglect to check if the drug will interact with allergies or the patient’s other prescriptions.
- Hospital-acquired infections. Many infections circulate in hospitals due to ineffective cleaning and sterilization.
- Early discharge from the hospital. Some hospitals discharge patients too early due to financial pressures. The patient could end up right back at the hospital in critical condition.
There are too many examples of medical malpractice to list here. Contact our Sacramento medical malpractice attorney if you would like to discuss your case.
Paying to Fix Medical Errors
Medical errors often require additional medical care to undo or correct the initial doctor’s error. For example, if a surgeon left a clamp in your body, a second surgery is necessary to remove it.
Delayed diagnosis can also require additional care. For example, melanoma caught early can be removed relatively easily. But if a doctor fails to diagnose the melanoma and it spreads, patients often need surgery and expensive chemotherapy.
Few people can afford to pay for all of this care. Even those with health insurance might be bankrupted by their deductible and the cost of coinsurance. Fortunately, our legal team will seek compensation for all medical bills.
Medical care also forces people out of work, and they lose out on income at the exact moment when they need it most. We will seek damages for lost income and loss of earnings capacity where appropriate.
Pain and Suffering
Our clients often seek compensation for the pain, embarrassment, depression, and distress they experience. Someone who develops cancer due to a faulty diagnosis could experience intensely negative emotions.
California allows clients to seek damages for pain and suffering and related intangible losses. However, there is a catch. The state caps them at a maximum of $250,000. This probably sounds unfair—because it is—but it is the current law.
How We Can Help
Our Sacramento medical malpractice lawyer is prepared to step in immediately and help clients obtain compensation:
- Send you to a doctor for a second opinion. This doctor can review medical records and determine whether a previous doctor made a mistake.
- Request medical records from any hospital or doctor you met with.
- Interview those who participated in your care to uncover mistakes.
- Work with medical experts to establish whether the defendant followed the correct standard of care and whether any error caused you harm.
- Gather evidence of your losses, such as medical bills and lost income, as well as your pain and suffering.
- Meet legal deadlines. In many cases, California gives victims only a few years to sue.
Reach Out Today
A Sacramento personal injury lawyer can review the facts known and decide on what is the best step to take next. Contact us or call to schedule a complimentary 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.