Medical Malpractice Attorney in Santa Barbara
Although we live in a time of great medical advances that help innumerable people to lead healthier and longer lives, grave medical mistakes can still lead to severe injuries or death. Medical malpractice is one of the leading causes of preventable personal injury cases. Even prestigious and respected medical facilities and doctors can make the kind of irreversible mistakes that no victim or their family should ever have to endure. When you or a loved one has suffered from a Santa Barbara healthcare provider’s negligence or recklessness, then call Maho Prentice, LLP to discuss your medical malpractice claim. You could be entitled to compensation for your injuries and suffering.
What is considered Medical Malpractice?
If a healthcare provider has injured you, then you may be able to recover financial losses and receive punitive damages in a medical malpractice case. The damages you may be able to recover include, but are not limited to:
- Lost wages
- Lost earning capacity
- Noneconomic damages such as pain and suffering
- Medical bills
- Physical and occupational therapy
- Home medical care
How do I prove medical malpractice in California?
In order to receive damages for your medical malpractice case, the following must be proven:
- That a doctor-patient relationship existed
- Your doctor violated a professional standard of care
- The violation of the standard of care resulted in your harm
- You suffered real, recoverable damages
There are some situations that are not valid medical malpractice cases under the law. People can’t just sue doctors for bad advice, for example. If you heard a doctor talking about a condition on television or at an open lecture, then you cannot sue them for medical malpractice.
For example, If a condition is untreatable, your physician was rude to you, or if your condition worsened in spite of the doctor following the standard level of care, then you may not be able to recover compensation under California medical malpractice law. This is why it is vital to speak with a Santa Barbara medical malpractice attorney who will be able to advise you on your rights and what you should do next.
Who Is Liable for Medical Malpractice?
Anyone within the scope of employment of healthcare can be held liable for negligence in a medical malpractice case, including:
- Physical therapists
Additionally, hospitals, clinics, and labs can be held liable for medical malpractice. Pharmaceutical companies may also be held liable for their negligence in a medical malpractice case if they caused harm to a patient.
Frequently Asked Questions and Answers
The following information is meant to be used in general and does not constitute a client-attorney relationship with Maho Prentice, LLP. In order to receive the answers that you are seeking for your medical malpractice case, you should call our Santa Barbara medical malpractice law firm now to schedule your free consultation. However, these are some answers to common questions that our law firm receives.
What are some examples of medical malpractice?
Although medical malpractice in Santa Barbara comes in many different forms, the most common types include:
- Failure to diagnose or misdiagnosis
- Failure to order appropriate testing
- Failure to recognize symptoms
- Ignoring or misreading lab results
- Improper medication or dosage
- Improper or inadequate follow-up or aftercare
- Missed diagnosis
- Not taking patient history
- Premature discharge
- Surgical errors, such as performing surgery on the wrong part of the body
- Unnecessary surgery
How do I know if medical malpractice occurred?
You may be unsure whether medical malpractice has occurred. The best advice is to get a free case evaluation from the experienced Santa Barbara medical malpractice attorneys at Maho Prentice, LLP. If you suspect that your physician, surgeon or another healthcare provider acted negligently, then call us now. We can advise you on your next steps and if you should file a report with the Medical Board of California.
How much will my medical malpractice lawsuit cost?
It’s understandable to be concerned about legal costs when you are already facing high medical costs related to your medical malpractice claim. If you have already spent money on additional healthcare to cure or relieve your injury caused by the reckless or negligent physician, then the stress can be overwhelming. Personal injury lawyers at Maho Prentice, LLP work on a contingency basis. This means that we fight hard to get the maximum compensation you deserve for your medical malpractice case and only get paid when we win damages for you. There is no financial risk to calling Maho Prentice, LLP today and scheduling your free case evaluation.
How long do I have to file a medical malpractice claim?
Anytime you believe you have suffered a personal injury from medical malpractice, you should seek out legal advice right away. There is a risk if you delay too long. In the state of California, the statute of limitations on medical malpractice cases is three years from the date that the injury occurred or was discovered. The court will not hear your case after this timeframe has passed, no matter how compelling your evidence is. Again, the clock starts running from the date of your injury or the date that it was discovered, which can be confusing for patients. The attorneys at Maho Prentice, LLP can determine if you have a valid medical malpractice case in Santa Barbara and what your next steps should be.
Will my Santa Barbara medical malpractice claim go to trial?
Although no attorney can ever be sure if a case will go to trial or settle beforehand, the Santa Barbara medical malpractice attorneys at Maho Prentice, LLP prepare each case as if it will be heard in front of a judge and jury. Whether your case goes to trial or not depends on the complexity of your medical malpractice case and the cooperation of the insurance provider. When you meet with us during your free case review, we can provide more details for your specific situation.