Medical Malpractice in San Diego, CA
Medical malpractice occurs when a health care provider fails to provide a patient with the standard of care that is expected of them by their profession. This can occur in hospitals, outpatient clinics, private offices, nursing homes, and other facilities that provide medical services.
Medical malpractice can cause serious harm to a patient, including permanent disability, loss of life, and severe emotional trauma.
If you or a loved one has been the victim of medical malpractice, you may be able to recover compensation for your injuries and suffering.
At The Zalkin Law Firm, P.C., our experienced medical malpractice attorneys can help you understand your rights and hold negligent parties accountable.
To learn more about your case, call our office at (800) 477-2989 or use the "Request a Callback" form on this page.
Medical malpractice can occur in many different situations, including:
- Hospital errors, such as negligent treatment, medication errors, and wrong site surgeries
- Nursing home abuse or neglect
- Failure to properly diagnose or treat a serious illness or condition
- Failure to warn of potential side effects of medications or procedures
- Improper use of medical devices, such as anesthesia, catheters, or crutches
- Improper treatment of a child or the elderly
Medical malpractice is often referred to as "medical negligence" or "medicine negligent."
Who Is Responsible for Medical Malpractice?
In most medical malpractice cases, the health care provider or medical facility is responsible for the harm that was caused to the patient. This is because health care providers and medical facilities assume a certain level of responsibility for their patients' well-being.
In some cases, however, the patient may also be liable for a portion of the damages. This is most common in cases involving a patient's failure to follow their doctor's orders or in cases where a patient has a preexisting condition that is worsened by a medical procedure.
Recovering Damages in a Medical Malpractice Case
Medical malpractice can result in serious harm to the patient, including death, permanent disability, and severe emotional trauma. When a patient has been harmed due to medical malpractice, they may be entitled to recover compensation for:
- Medical expenses, including ongoing care and treatment
- Lost wages and future earning capacity
- Physical and emotional pain and suffering
- Punitive damages
The amount of compensation you can recover will depend on the severity of your injuries and how they impact your life. The damages you can recover will also be limited by the state's statute of limitations for medical malpractice cases.
In a medical malpractice case, you will need to prove the following:
- The health care provider owed you a duty of care
- The health care provider breached their duty of care
- The breach of duty caused you harm
You will need to prove all of these elements in order to win your case. If you can prove that the health care provider owed you a duty of care, then you will have a strong case.
The following factors can affect whether or not the health care provider owed you a duty of care:
- The health care provider's experience and training
- The complexity of the medical procedure
- The severity of your preexisting medical conditions
- The seriousness of the harm that was caused
If you can prove that the health care provider owed you a duty of care, then you will be able to move forward with your medical malpractice case. If you cannot prove this, then you may need to explore other options for compensation.
Types of Medical Malpractice Cases We Handle
At The Zalkin Law Firm, P.C., we represent patients who have suffered harm due to medical malpractice. We have the experience needed to help you fight for the compensation you deserve.
Our medical malpractice attorneys handle cases involving:
- Medical malpractice in hospitals, including newborn injuries and wrong site surgeries
- Nursing home abuse and neglect
- Medical malpractice in outpatient clinics and private offices
- Medical malpractice in home health care
- Birth injuries
- Medical malpractice in skilled nursing facilities
- Failure to diagnose a serious illness or condition
- Failure to properly treat a serious illness or condition
- Improper use of medical devices, such as anesthesia, catheters, or crutches
- Improper treatment of a child or the elderly
Our firm also represents families of patients who have died as a result of medical malpractice. In these cases, we can help you pursue a wrongful death claim to recover compensation for your loss.
