California Statistics on Medical Malpractice
Thousands of medical malpractice and adverse action reports are filed across the country every year. In 2014, victims of medical malpractice received a total payout of $224,146,850 in California alone, according to this report by Diederich Healthcare. We realize that no amount of money can make up for the pain of malpractice so bad it lead to a lawsuit, but a healthcare provider should not walk away without any consequences if they are harming patients. Here are some of the statistics on medical malpractice in California from 2016, according to the National Practitioner Data Bank:
- 1,231 medical malpractice payments
- 4,360 adverse action reports
- Over half of payments made totaled $50,000 or more
- $230.53 million in payments awarded
As these numbers indicate, Californians just like you end up receiving huge sums of money for their suffering. After a medical malpractice incident, it is common to feel overwhelmed and alone. We want you to know that thousands of people across the state ask for help every single year. Law Offices of Yvonne M. Fraser has the resources and training required to obtain the money you need to move past this traumatic event.
Common Types of Medical Malpractice Cases
All types of medical malpractice are unacceptable and damaging. When someone is going through a ton of pain or additional surgeries they think their doctor may have caused, they may not even realize they are experiencing medical malpractice. Many patients believe that delayed surgeries or failure to diagnose your illness are common enough that it does not count as medical malpractice. This idea could not be further from the truth. Here are some of the reasons a patient can file a lawsuit for medical malpractice:
Failure to Diagnose
When a doctor fails to diagnose an injury or illness, the results can be severe. For example, if you go in for a checkup and have serious heart problems that your doctor overlooks, you could have a heart attack without warning. You are entitled to compensation related to the surgeries, medical bills, and wages lost because of recovery time. Had your doctor noticed your heart disease, the following heart attack and surgery could have been prevented, saving you thousands of dollars.
Following an operation, it is the responsibility of your doctor to monitor your vital signs, prevent any blood clots or other complications, and provide you with clear instructions explaining to you how to care for your wound. Failure to perform these tasks is negligence that can lead to expensive, painful operations and procedures. The steps following an operation are often as important for the overall health and well-being of a patient as the initial surgery. If your doctor failed to tell you how to care for your wound or neglected to give you essential follow-up information, you could be entitled to compensation.
A wrongful death lawsuit is a civil, rather than criminal, lawsuit typically filed by the close family members of a deceased person. Wrongful death covers situations in which a person died because of the negligence or recklessness of another person, which can include medical malpractice claims. This type of lawsuit is good for families who lose someone they love to medical malpractice and need help paying medical bills, insurance debts, burial costs, and other expenses. Especially if the deceased person was the primary source of income, a wrongful death lawsuit could provide families with the money and closure they need to move forward.
It is also important to keep in mind that there is a statute of limitations in place that prevents patients from filing suits after a certain point. In California, the statute of limitations is one year after the injury is discovered or three years after the date of the injury. Since the law also says "whichever comes first", if you haven't found your injury within three years of its occurrence, then you cannot file.
The exception to this rule is if there is a foreign object left in your body. If this occurs, you can file a lawsuit within one year of discovering the object, even if three years have passed since your surgery. A medical malpractice attorney can help you determine if you are eligible to file a lawsuit and how quickly you would need to do so.
Frequently Asked Questions
Medical malpractice is a situation many victims never thought they would have to face. As such, many of our clients have no idea where to begin when they decide they want to file a lawsuit. We have provided the answers to a few common questions to help you better understand your case.
How much money could I get from a lawsuit?
It is difficult to answer this question without knowing the details of your case. Numerous factors influence medical malpractice payouts, including your doctor’s insurance, the type of error they made, and the severity of your injuries. Without knowing how these factors influence your case, we cannot estimate how much compensation you could receive. Do not hesitate to contact our office at (760) 512-1172 with questions regarding your personal situation.
Why should I seek compensation?
Most people seek compensation for medical malpractice because they want justice and because medical bills, even those regarding the medical failure, are extremely expensive. You do not deserve to feel the stress and pressure of someone else’s mistakes, especially when you are recovering from a difficult surgery or procedure. Some of the things for which you could receive restitution are your bills, lost wages, pain and suffering, and future costs of treatment. If you are struggling from your situation, we highly recommend reaching out to an attorney to see what compensation is possible for you.
Why choose Law Offices of Yvonne M. Fraser?
Our practitioner has a medical background, so she understands the ins and outs of your case better than most attorneys ever could. Medical knowledge means she is fully able to understand the difficult situation you are in, as well as future complications you could face because of your injury. As a Registered Respiratory Therapist (RRT), Yvonne M. Fraser has experience handling medical emergencies, complex injuries, and the results of medical negligence. She cares about your case on a personal level and is ready to bring a new level of compassion and understanding to your legal proceedings.
Personal Injury Attorney Serving Escondido, Oceanside and Southern California