This guide will explain what constitutes medical malpractice in simple terms. We’ll explore common examples and break down the four key elements you generally need to prove to have a valid claim. Knowing this information can empower you to take the right steps if you believe you or a loved one has been a victim of medical negligence.

What Counts as Medical Malpractice?

Medical malpractice isn’t just about a doctor making a mistake. It specifically refers to negligence by a medical professional or facility that directly causes harm. The “standard of care” is a critical concept here. It’s the level of care and skill that an average, prudent healthcare provider in the same specialty would provide in a similar situation. When a provider’s conduct deviates from this standard and injures a patient, it may be considered malpractice.

Several situations can lead to a malpractice claim. Here are some of the most common types.

Misdiagnosis or Delayed Diagnosis

This is one of the most frequent forms of medical malpractice. It happens when a doctor fails to diagnose a condition correctly, diagnoses it late, or misses it entirely. For example, if a doctor dismisses a patient’s recurring headaches as stress when they are actually a symptom of a brain tumor, the delay in proper treatment could cause significant harm.

Surgical Errors

Mistakes made during surgery can have devastating consequences. These errors include operating on the wrong body part, leaving surgical instruments inside a patient’s body, or causing nerve damage. While all surgeries carry risks, errors resulting from a surgeon’s carelessness or incompetence can be grounds for a malpractice claim.

Medication Errors

Prescribing the wrong medication, the wrong dosage, or a drug that interacts negatively with another medication can cause serious injury or death. These errors can be made by the prescribing doctor, the pharmacist who fills the prescription, or the nurse who administers the medication.

Birth Injuries

Birth injuries are injuries to a baby or mother that occur during pregnancy, labor, or delivery. These can result from a healthcare provider’s failure to monitor fetal distress, improper use of delivery tools like forceps, or delaying a necessary C-section. Common birth injuries include cerebral palsy, Erb’s palsy, and brain damage from oxygen deprivation.

Anesthesia Errors

Anesthesiologists have a critical responsibility to administer the correct amount of anesthesia and monitor the patient’s vital signs throughout a procedure. Errors can include giving too much or too little anesthesia, failing to monitor the patient properly, or using defective equipment. The consequences can range from temporary awareness during surgery to permanent brain damage or death.

Radiology Mistakes

Radiologists interpret medical images like X-rays, CT scans, and MRIs. A mistake in reading these images can lead to a misdiagnosis or a failure to diagnose a serious condition. For instance, misinterpreting a mammogram could delay a breast cancer diagnosis, allowing the disease to progress.

Improper Follow-Up Care

A healthcare provider’s duty doesn’t end after a procedure or initial treatment. They must provide appropriate follow-up care and instructions. Failing to monitor a patient’s recovery, not recognizing signs of complications, or discharging a patient too early can all constitute malpractice if it leads to further injury.

Lack of Informed Consent

Before performing a procedure, doctors must inform patients about the potential risks, benefits, and alternatives. This is known as informed consent. If a doctor performs a procedure without getting the patient’s informed consent and the patient is harmed, the doctor may be held liable—even if the procedure was performed correctly.

Proving a Medical Malpractice Claim

Filing a medical malpractice lawsuit is a complex process. To have a valid claim, you generally need to prove four specific elements. Think of them as four pillars that must all stand for your case to be successful.

1. Duty of Care

First, you must show that a doctor-patient relationship existed. This relationship establishes the provider’s “duty of care,” meaning they had a legal obligation to provide you with competent medical treatment. This is usually the easiest element to prove, often established through medical records showing you were a patient.

2. Breach of Duty

Next, you must prove that the healthcare provider breached their duty of care. This means their actions fell below the accepted medical standard of care. To do this, you’ll typically need an expert medical witness—another doctor in the same field—to testify about what a competent professional would have done in the same situation and how your provider failed to meet that standard.

3. Causation

The third element is proving causation. You must show a direct link between the provider’s breach of duty and the injury you suffered. In other words, you have to demonstrate that the provider’s negligence was the specific cause of your harm. It’s not enough to show that the doctor made a mistake; you must prove that the mistake is what caused your injury.

4. Damages

Finally, you must prove that you suffered “damages” as a result of the injury. Damages can be economic, such as medical bills, lost wages, and the cost of future care. They can also be non-economic, including pain and suffering, emotional distress, and loss of enjoyment of life. Without demonstrable harm, there is no basis for a claim.

What to Do If You Suspect Malpractice

Understanding medical malpractice is the first step toward protecting your rights. If you believe you or a loved one has been harmed by a medical professional’s negligence, it’s crucial to seek legal advice. An experienced attorney can help you navigate the complexities of the legal system and determine if you have a valid claim.

If you have experienced harm due to medical negligence, our medical malpractice attorney in Los Angeles, Jance Weberman, is here to advocate for your rights and seek the justice you deserve. Don’t hesitate to reach out for a consultation to discuss your case.

The post What Counts as Medical Malpractice? A Simple Guide for Patients appeared first on Jance Weberman | Winning Los Angeles Lawyer.

But not every attorney is equipped for that task. “Experience” isn’t a buzzword in this context—it’s the difference between a case that can move forward with confidence and one that struggles under the weight of procedural obstacles or unclear expectations. 

In a field where the subject matter involves understanding how attorneys breached their obligations, having someone familiar with the court systems, legal ethics, and professional responsibility is crucial. That’s exactly what Jance Weberman can provide. 

Defining Legal Malpractice

Legal malpractice typically means that an attorney has failed to uphold the standards of professional conduct, resulting in harm to their client. But not every unfavorable outcome is malpractice. 

California law, like that of other states, recognizes that attorneys cannot guarantee results. What must be shown is that the attorney breached a duty owed to the client and that this breach caused a measurable loss.

This may include missed deadlines, failure to file key documents, misapplication of the law, inadequate investigation, or even conflicts of interest. 

A client must typically prove four elements: that there was an attorney-client relationship; that the attorney acted negligently or in violation of professional norms; that this caused the client harm; and that the harm led to a financial loss. 

Each of those steps requires not only legal skill but also a deep familiarity with how the original matter should have been handled. That’s one reason experience matters so much.

Navigating the Legal Complexities of Malpractice Claims

Cases of legal malpractice can become highly technical. Not only do they involve one legal case, but they often require an understanding of the underlying matter that gave rise to the malpractice—essentially two cases in one. 

That’s why these claims are often more complex than people realize. The plaintiff must not only show that their lawyer erred, but that, had the case been handled correctly, they would have had a better result. This is all the more reason to have an experienced attorney by your side. 

This kind of “case within a case” structure is one of the primary hurdles, and it underscores why working with an experienced legal malpractice attorney in Los Angeles is so important. A misstep here could mean losing the right to sue altogether.

The legal representative must have the ability to dissect the original matter—whether it was a business dispute, real estate issue, personal injury case, or another type of claim—and identify precisely where the malpractice occurred.

Identifying Red Flags in Attorney Conduct

One of the difficult aspects of legal malpractice is that clients may not always realize they’ve been harmed until it’s too late. A missed filing deadline, a failure to communicate, or an avoidable dismissal of a case might seem like bad luck until a second opinion reveals that these were avoidable mistakes. Attorneys with experience handling malpractice cases are often better equipped to recognize those red flags.

They can also assess issues of professional ethics. The State Bar of California lays out strict rules for attorney conduct. These include obligations to avoid conflicts of interest, to communicate effectively, and to maintain competence in handling a client’s case. 

A breach of any of these duties might amount to malpractice, but only if it can be clearly tied to a loss. An experienced legal malpractice attorney understands how to connect those dots.

Another layer often overlooked is the concept of causation. Even if an attorney made an error, a malpractice claim cannot proceed unless that error clearly resulted in harm. Proving causation in a legal malpractice context requires an understanding of both the original case and how it would have unfolded under competent representation. Experience in analyzing litigation outcomes and damages is key to forming a credible claim.

How Experience Helps Build Credibility

When it comes to legal malpractice, credibility matters not only in the courtroom but from the very beginning. A well-regarded legal malpractice attorney in Los Angeles can evaluate a case early, saving a client time and money by offering a realistic picture of whether the facts support a claim.

More importantly, these attorneys are more likely to know how to gather the kinds of evidence that judges and juries respond to. Whether it’s correspondence, court records, deposition transcripts, or expert testimony about legal standards of care, the approach has to be thorough and organized.

Protecting Your Right to Competent Representation

All clients deserve representation that meets the standards of the legal profession. When those standards aren’t met, and the result is real harm, there should be recourse. A legal malpractice attorney in Los Angeles who has seen the patterns of attorney negligence before is better positioned to advise on whether those standards were breached and whether a viable claim exists.

These cases also matter for reasons beyond individual justice. They help uphold the standards of the profession itself. Attorneys who breach their ethical obligations erode public trust in the legal system. Malpractice claims can send a message that accountability is part of the job and that cutting corners isn’t acceptable. 

Experienced attorneys in this area are often deeply familiar with these broader stakes, and they pursue claims with both diligence and care.

When Experience Matters Most

Not all attorneys are prepared to take on another attorney. That kind of work requires not only legal skill but a certain level of professional clarity. There’s also the psychological element—clients may feel reluctant to pursue a claim against someone they once trusted. 

Jance Weberman understands this. The team of attorneys here can work to ensure that clients feel heard, respected, and informed at every step.

Experience doesn’t just show up in a résumé—it shows in how an attorney evaluates your claim, communicates next steps, builds a strategy, and navigates the courtroom. In malpractice cases, every one of those areas counts. If you’ve been wronged by an attorney, or even suspect you might have been, your next call should be to someone who has handled these kinds of claims before. Schedule a free case evaluation today. 

The post Reasons You Want a Malpractice Attorney in Los Angeles With Experience appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Understanding Medical Malpractice 

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care while treating a patient, resulting in injury or harm. In California, as in Los Angeles, healthcare professionals owe their patients a duty of care that must be upheld. Breaches of this duty could be due to misdiagnosis, surgical errors, medication mistakes, or failing to act on symptoms presented by the patient.

 But what does this mean for you as a patient in Los Angeles? Every case is unique, and recent medical malpractice cases in Los Angeles show a spectrum of circumstances where patients were not afforded the care they deserved. Damages in these cases may include compensation for medical expenses, loss of income, as well as pain and suffering. Identifying these breaches and understanding the associated legal landscape is pivotal in constructing a successful medical malpractice claim.

Navigating Springtime Accidents

During spring, the chances of encountering hazardous situations that can lead to accidents and subsequent injuries rise.

• Car Accidents: Roads bustling with spring travelers increase the likelihood of motor accidents. A minor collision might seem trivial but can result in injuries requiring medical intervention.
• Slip and Falls: Seasonal rain can make public and private spaces treacherous. Property owners have a duty to keep their premises safe. Failure to do so could render them liable for any slips and falls.
• Sports and Outdoor Activities: The allure of outdoor sports and activities in the spring can sometimes lead to injuries. Improperly managed recreational spaces or the use of faulty equipment can cause accidents that might invoke medical malpractice situations.

When medical care is sought for such injuries, the expectation is a standard of treatment that promotes healing and recovery. If the care provided falls short and causes further injury, it might be a case for a medical malpractice attorney in Los Angeles.

The Implications Of Negligence And The Duty Of Care

Healthcare providers are legally obligated to deliver appropriate care, adhering to established medical protocols. When substandard care leads to preventable injuries, it may constitute medical negligence. Examples may include a car accident victim improperly assessed by emergency medical staff, leading to overlooked injuries that exacerbate over time, or a slip and fall that results in a mismanaged fracture in the emergency room.

Timing Is Critical In Medical Malpractice Claims

Taking legal action may seem overwhelming, especially when recovering from an injury. However, California law dictates strict statutes of limitations for medical malpractice claims, making it imperative to seek legal counsel swiftly to ensure your rights are protected.

At the Law Offices of Jance M. Weberman, we see our clients as individuals with unique circumstances—your claim will receive the personalized attention it deserves. Understanding the complexities of California law and how it impacts your case is what positions us at the forefront as your medical malpractice attorney in Los Angeles.

A Trusted Los Angeles Medical Malpractice Lawyer 

With spring’s increased risks, taking the right steps following an injury is paramount, especially if it involves potential medical negligence. The Law Offices of Jance M. Weberman are committed to providing a warm, inviting atmosphere that puts your anxieties at ease. Our attorneys and staff will walk you through every step of your legal journey, ensuring you get the justice you deserve.

Compensation You Deserve: Expert Medical Malpractice Attorney

If you or a loved one have been affected by an accident this spring, don’t face the challenge alone. Contact us today for a free consultation to discuss your potential claim. 

Visit https://www.janceweberman.com/ or call for an appointment with a qualified medical malpractice attorney in Los Angeles. Together, we will work towards the favorable resolution you need.

By seeking legal advice promptly, you safeguard your interests and take the first step towards recovery and compensation. The right choice for your legal needs comes with the right legal team—The Law Offices of Jance M. Weberman. Don’t wait; spring into action and secure the legal representation you deserve.

The post Spring Hazards: Know Your Rights With A Los Angeles Medical Malpractice Attorney appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Legal malpractice includes negligent acts or errors, and omissions that lead to a breach of the standard of care expected from a lawyer. Common errors that lead to legal malpractice can range from a failure to observe deadlines to drafting a contract that is too vague or incorrect. 

Knowing the common errors that lead to the activity is essential if you want to protect yourself or your company’s interests.

What is Legal Malpractice?

Legal malpractice is a term used to refer to negligent acts or errors and omissions made by legal professionals. It results when a lawyer fails to meet the standard of care expected of them legally. This type of behavior can have serious repercussions for both the client and the lawyer.

Although many of the potential causes of malpractice are straightforward, few people are familiar with each one. 

Defining Standard of Care

The standard of care requires lawyers to act in a reasonably competent manner. When a potential cause of legal malpractice is determined, it’s because the lawyer acted or failed to act below the standard of care. In other words, the attorney behaved in such a way that harmed their client, which was unethical in nature.

Common Errors or Omissions that Lead to Legal Malpractice

Some of the more common errors that lead to legal malpractice may include a failure to observe filing deadlines, drafting vague agreements, or performing little or no research. While you may not think of your lawyer as a risk to your business or to you personally, it does happen and can lead to a loss of reputation.

An error or omission occurs when a lawyer does something less than what the law requires or fails to follow a required legal procedure.

In some cases, a lawyer simply ignores a client’s instructions. This bending of the rules certainly can lead to communication problems and unwanted disputes.

Common Reasons for Legal Malpractice and How They Occur

Below is a list of some of the most common reasons for malpractice, all of which give further reasons for missed deadlines, fraud, inadequate discovery, communication mistakes, lack of consent, or for disregarding a client’s wishes. If you experience any of these problems, you need to consult with a legal malpractice lawyer without delay.

Missed Filing Deadlines

While it’s not accepted protocol, a lawyer may miss a deadline because they overlook the filling times. If this happens to you, it can lead to negative repercussions. Moreover, if a document is not filed timely, the judge may throw the case out of court.  

A lawyer may also miss a deadline if it is not calendared properly. 

While an attorney may have been aware of specific deadlines, they may have failed to note them on their calendar. In turn, a slew of events can occur – missed hearings, missing paperwork, and, ultimately, a default judgment.

A Misuse of Funds

When you pay a retainer, the lawyer is supposed to put the money into a trust account. If the lawyer dispenses the money into their own account, this is a misuse of funds. The most extreme example of misuse of funds is if the attorney steals the funds outright.

Inadequate Discovery 

When a lawyer manages your case, it is their obligation to put time and effort into the investigation – or discovery. Discovery is part of the investigatory process where attorneys “discover” the evidence and facts pertinent to a case. 

For instance, if the attorney fails to identify a key witness–someone who is instrumental to a legal case–they may be liable for legal malpractice.

Communication Mistakes

A lawyer can shatter the lawyer-client relationship if they have poor communication skills. After all, you need to have a good legal communicator to take a case to court. If you retain a lawyer who does not return calls or give you a reason for their lack of communication, you need to raise a dispute and gain help from a legal malpractice attorney.

In fact, a failure to inform a client is often used as a reason for filing a malpractice claim. This means that the lawyer, for whatever reason, did not give their client information that was pertinent and important to their case.

Failing to Apply the Law

Lawyers are expected to have a working knowledge of important legalities in their practice area. They must have the know-how to apply these rules correctly. If an attorney does not perform their job properly, fails to keep up with legal changes, or misinterprets the law, they can be held accountable.

A Lack of Consent

If a client hires an attorney for representation, the lawyer must legally receive the client’s consent before they can take legal action.

Therefore, the client outlines their goals for a case while the lawyer figures out a strategy so the client can meet their objectives. However, the lawyer cannot proceed with the case without the client’s consent. 

A lawyer’s deception during a legal process–one that leads to illegal gain–shows, in most cases, that an attorney is guilty of fraud. If you believe your lawyer committed fraud, you should discuss your case with a legal malpractice lawyer.

Learn More About Legal Malpractice in the Next Blog Post

We’ll continue our discussion on legal malpractice in the next blog post and cover more reasons for the activity. We’ll also discuss how you can protect yourself.

Contact a Legal Malpractice Attorney in Los Angeles Today

Do you feel that your lawyer has abused their attorney-client privilege? Have they been less than ethical or forthcoming? If so, you need to speak to a legal malpractice attorney – someone who can help you regain what you’ve lost because of your attorney’s oversights. In Los Angeles, contact Jance M Weberman for more information on how to proceed. Contact us today.

The post Why You May Need to Speak to a Legal Malpractice Attorney – Part 1 appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Therefore, you don’t have much time to state your case to a medical malpractice lawyer. That’s why it’s important to pursue your rights and find out what you need to do to facilitate a claim. 

Discovery of Medical Malpractice

When you discover negligence is indeed important. For example, let’s suppose you underwent a surgical procedure five years ago. You can still file a medical malpractice lawsuit if you recently discovered that the instrument had not been removed. In this case, you can file a claim within one year of this discovery.

Exceptions with Regard to the Statute of Limitations when Victims are Children

The statute for medical malpractice in California also makes exceptions for children under the age of 18 years old. In these cases, the legal guardians or parents of the minor can file a lawsuit within three years of the date of discovery. 

If the victim in the lawsuit is under six years old, the lawsuit must be filed within a three-year period or before the child turns eight. 

The law also features an exemption for minors who are affected by fraud. If fraud happens the clock for the statute of limitations stops ticking during the time the fraudulent activity took place.

Also, if a child was injured prior to or during the birthing process, the parents or legal guardian has six years to file a medical malpractice lawsuit on the victim’s behalf.

Proving Negligence

To file a medical malpractice claim, your California medical malpractice attorney must show four elements of negligence. 

These elements must include the following:

• That the medical professional had a duty of care;
• That they breached this duty;
• That the breach led to damages (economic and/or emotional); and
• That it caused the plaintiff to suffer emotionally, physically, and financially. 

If you don’t show these elements, you cannot file a medical malpractice lawsuit.

Examples of the Elements of Negligence

Let’s look at examples of what these elements mean. For example, duty means that the medical professional is responsible to behave as any other professional would behave, given a similar situation. 

Therefore, a doctor has the duty to provide an acceptable level of care, such as prescribing a blood pressure medicine for someone diagnosed with hypertension. They must also order an x-ray if they suspect a fracture.

Maybe the medical provider is a nurse. In this case, they have a duty to administer the right medicine at the proper time and in the correct dose. They also have the duty to alert the doctor if the patient becomes unstable. 

To prove a professional breached their duty, a California medical malpractice attorney must show how the defendant deviated from their responsibility. For example, a physician may have known that a patient’s blood pressure was high but did not prescribe the proper medicine. 

Maybe the patient had a badly sprained ankle. However, the attending physician did not order an x-ray to see if the ankle was fractured.

Perhaps a nurse did not administer the correct dose of medicine or notify a doctor of a patient’s change in condition. 

With respect to damages and causation, the plaintiff must show that injuries and damages resulted from the defendant’s breach of duty. For instance, a doctor did not prescribe the proper blood pressure medicine, which eventually led to an elevation in blood pressure and triggered a stroke. The stroke is considered an injury or damage. 

Or, a person whose ankle was not x-rayed got an infection because the fracture was not treated. 

Damages and causation can also be proved if a patient received a double dose of a drug and ended up experiencing respiratory arrest. Infection and respiratory arrest are examples of damages and injuries.

To make things even simpler, you can show negligence by showing the four Ds – Duty, Deviation from the Standard of Care, Damages, and Direct Causation.

Medical Malpractice and Wrongful Death

Medical malpractice claims may also include wrongful death lawsuits. In these matters, you have one year from the date of discovery of the medical negligence or three years from the victim’s death to file a claim, whichever happens first. 

Whether the victim was injured or died, you generally have a short time in which to state your case. 

Paying for Legal Services

You can discuss your claim with a medical malpractice lawyer for free. So, you don’t have anything to lose and everything to gain by arranging a consultation.

Also, you’re not charged for legal services unless your lawyer wins your case. Therefore, this type of legal action is economically feasible and worth considering if you feel you have a claim as well as mounting medical costs.

A medical malpractice lawyer will only charge a certain percentage for settling your claim, and only if they win the case. Guidelines have been established so lawyers charge a fair percentage.

Contact a California Medical Malpractice Attorney Today

If you feel you or a loved one is a victim of medical malpractice, you need to contact a professional medical malpractice lawyer about your case. In California, speak with an experienced attorney.  Contact Jance M. Weberman by calling (213) 386-9100 today.

The post Understanding Your Legal Rights in a Medical Malpractice Claim appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Top 5 Medical Malpractice Claims

According to the National Trial Law website, the top 5 medical malpractice claims made against practitioners result from incorrect diagnoses (33%), surgical errors (23%), treatment mistakes (18%), obstetric oversights (10%), and errors made during the administration of medications or anesthesia (10%).

AMA Ethics and Standards

The American Medical Association (AMA) establishes strict guidelines on patient care, outlining the ethics that doctors should uphold in the practice of medicine. These ethics extend to medical malpractice as they signify whether or not a physician is guilty of negligence.

For example, the AMA asserts, under the Code of Medical Ethics Opinion, 1.1.1, that the patient-physician relationship is one based on trust. Therefore, it’s a doctor’s obligation to place the patient’s well-being and welfare above his or her own self-interests or responsibilities to others. This means that a medical practitioner must use sound medical judgment concerning a patient’s care as well as support the patient’s welfare with the same regard.

Therefore, a medical malpractice lawsuit is a serious matter. Even with precautions in place, hospitals still can’t avoid lawsuits. Therefore, these types of claims continue to dominate the legal terrain.

Basically, medical malpractice claims represent activities that violate established medical standards and practices. Besides doctors, nurses and other medical professionals may be held liable for negligence. 

Negligence happens any time when a medical professional makes a diagnostic error, ignores a patient’s symptoms or condition, or fails to take the proper measures during patient care. 

Claims Against Third Parties

In cases of surgical oversights, you may be able to sue a third party. For example, if you were injured because of the poor quality of prosthesis, you may be able to make a claim against the manufacturer. This type of medical malpractice claim falls under the following category of defective equipment or supplies.

Defective Medical Equipment or Supplies

This category may include unsterile equipment, for instance, or a malfunctioning heart valve. In some cases, the equipment may work but may be surgically added when it’s not needed. For instance, if a heart valve is implanted in a patient with heart problems and it’s the wrong type of prosthesis, the patient or family has a right to make a claim.

One Case in Point

One medical malpractice case reflects this type of claim. The account, which comes from the Minnesota Case Report files, states that a farmer, 49 years of age, had a diagnosed heart murmur since his teen years. 

Medical testing showed that the patient had aortic insufficiency and hypertrophy in the left ventricle as well as calcification and moderate aortic stenosis (narrowing of the valve). The aorta represents the large artery that runs from the lower chamber of the heart or its left ventricle. 

Because this condition prevented the heart from opening properly, the treating physician felt the patient was a good candidate for bypass surgery, or an aortic heart valve replacement. However, during surgery, the aortic valve had been sized incorrectly and an aortic prosthesis was not available in the correct size. The doctor replaced the defective valve with a mitral prosthesis instead. 

After the procedure, blood flow was poor and it was found, after another procedure, that the mitral valve was incorrectly placed and needed to be turned around. The physician removed the valve and used a smaller aortic valve instead. Because this required a second cross clamp, the patient suffered an acute myocardial infarction (heart attack) and died.

After this case was filed, the claimant received a settlement of $1,300,000.

Inadequate Medical Training

Some medical lawsuits against healthcare providers may involve inadequate training. Unfortunately, a lack of training leads to substandard care, which, in turn, may harm a patient. Below are examples of inadequate training.

• Incorrectly reading a monitoring device, such as a heartbeat monitor
• Administering the wrong dose of a medication
• Injuring a patient after using the wrong transport or lifting technique
• Incorrectly caring for wounds
• Amputating the wrong body part
• Administering anesthesia incorrectly
• Failing to diagnose a condition during a medical exam
• Not washing the hands before wound care
• Not treating an infection

Negligent Supervision or Patient Management

A healthcare provider should be mindful of their patient’s condition at all times. They also must take the time needed to fully examine a patient to understand their unique healthcare requirements. After the exam, the doctor is responsible for managing the patient’s care carefully and properly. If he or she does not follow these standards, they can be held accountable for negligence.

Excessive Medical Treatments

Medical claims for malpractice arise, as well, when the care deviates from a proper treatment standard. For example, performing procedures or treatments that are unnecessary can lead to a medical malpractice lawsuit.

Get Legal Help for Filing a Medical Malpractice Lawsuit Now

If you feel you are in your right to file a medical malpractice claim, you need to do so immediately. To get the assistance you need now, contact the law firm of Jance M. Weberman. Call 213-386-9100  right away.

The post Medical Malpractice Claims: How to Assert Your Rights appeared first on Jance Weberman | Winning Los Angeles Lawyer.

How medical malpractice lawyer can help

Medical malpractice is a failure of a health care provider to meet the standards of practice and patient safety that they would normally follow.

Therefore, an injury sustained from this type of negligence can lead to physical pain, emotional stress, and even financial hardship. That is why you need to find an equitable solution for a reasonable settlement. By working with a medical malpractice attorney, you can protect your financial interests while receiving the care you need. 

An overview of medical malpractice and negligence

In a typical medical malpractice case, the plaintiff claims that the defendant did not meet the “standard of care” that most doctors would follow in the same situation. In other words, the defendant acted thoughtlessly and without due diligence. 

Why it’s imperative you contact a medical malpractice lawyer

A medical malpractice lawsuit is complex. Moreover, it is easy to make mistakes and lose valuable time if you file a lawsuit yourself. The statute of limitations (SOL) for medical malpractice cases in California is three years from the discovery of the injury. If you try to file a lawsuit after this time, you won’t be able to go forward with the case.

The elements of negligence

A medical malpractice attorney knows how to navigate the court system and make the proper filings. He or she can also help you determine negligence.  To prove you case, you must show the following:

• A duty of care or an obligation existed where the health care provider was supposed to exercise a reasonable level of care – one that another practitioner would provide in the same situation.
• The healthcare provider breached this duty by failing to meet their obligation.
• Because of this breach, the plaintiff suffered harm or an injury.
• The resulting harm or injury resulted in certain damages, such as additional medical costs, pain and suffering, and income loss.

To ensure success in a medical malpractice lawsuit, you need to seek legal counsel. You don’t have to pay for the legal services you receive unless and until your lawyer negotiates a settlement.

While you recuperate, an experienced attorney can gather evidence, pay certain medical expenses in advance, and request the services of expert witnesses. If you do it yourself, you won’t have this type of advantage. 

Stay up-to-date on the status of your case

A medical malpractice lawyer will keep you informed about the status of your case. He or she can tell you, for example, what they’ve determined from their investigation on your claim. This entails investigating hospital records, physician notes, and any other healthcare records that can show an attorney what exactly went wrong. 

Usually, after gathering this type of evidence, the attorney will contact a medical expert, such as a medical professor or head of surgery, to support your claim. This type of preparation is necessary before you file your lawsuit, as the court needs to know specific details for scheduling a mediation, a settlement, or a trial.

Always discuss your case with an attorney first

Never speak to the other party’s insurance company about your situation without first speaking to an attorney. If you want to experience the best outcome, you need to rely on an attorney’s expertise and advice.

Medical malpractice caps on non-economic damages in California

In California, legislators cap the amount for non-economic damages in medical malpractice cases. Non-economic damages cover non-medical expenses, such as pain and suffering, loss of enjoyment of life, or anxiety – damages that result in losses that are difficult to measure in dollars. 

These types of damages are covered under the guidelines set out in the 1975 Medical Injury Compensation Reform Act (MICRA), codified under section 3333.2 of the California Civil Code.

Recent legislation impacting non-economic caps

Recent legislation that California’s Governor Gavin Newson signed into law will increase the cap for non-economic damages, beginning in January 2023. The new cap applies to claims filed after that date. While the present caps are set at $250,000, the new 2023 cap is $350,000 for malpractice injuries or $500,000 for non-economic damages for injuries that led to wrongful death. 

The legislation also covers an increase in caps from 2024 until 2034, when the limits will reach $750,000 for regular malpractice claims and $1 million for wrongful death amounts. After 2034, the amounts will be adjusted yearly by two percent to cover inflation.

Uncapped Amounts in Medical Malpractice Cases (Economic Damages)

In California, no caps are set on economic damages in medical malpractice cases. These damages cover medical costs (for both prior or future care), resulting from negligence, lost wages, or the patient’s inability to earn a living. MICRA legislation does not affect these damages.

Who to contact to file a medical malpractice lawsuit in California

Contact Jance M. Weberman Law if you wish to file a medical malpractice claim. Contact the legal firm at 213-386-9100 now. Make sure you receive the money you deserve for your medical malpractice case.

The post Why You May Need a Medical Malpractice Lawyer appeared first on Jance Weberman | Winning Los Angeles Lawyer.

So, how do you define a case that involves professional medical liability?

Defining Medical Malpractice

Medical misconduct happens when a health care provider delivers a substandard form of treatment and care. This type of negligence may lead to a patient’s injury or death. However, you still have to remember that some poor outcomes do not result from malpractice.

Proving Negligence

To prove malpractice, a lawyer must prove the following:

• A medical doctor and patient relationship existed
• The doctor had the responsibility to provide care that any other doctor would reasonably provide in the same situation
• The doctor did not dispense care that other doctors, in the same circumstance, would have rendered
• The patient, in return, was harmed or injured by the doctor’s negligence
• The harm or injury suffered is quantifiable

Even if negligence is proven, you still need to answer some important questions – details that are often considered in a court of law. For example, what happens if you did not fully follow your physician’s instructions?

Depending on the severity of the negligence and your own response in exercising due care, you may be held, in this case, as comparatively negligent.

Signing a Consent – Does It Factor in a Negligence Case?

Also, many patients wonder if they can still file a lawsuit if they signed a consent form before a procedure. Signing the consent should still give you the right to file suit if the doctor’s treatment did not meet the expected standard of care. While medical procedures may be unpredictable or risky, negligence does not have anything to do with patient consent.

The Period Following an Error: What You Need to Do

The time following a medical mistake is a critical period. If you suspect an error was made, you need to start documenting your experience right away. That means you need to seek medical attention without delay. Detail the injuries and symptoms, the dates they occurred, and what procedure(s) you underwent.

Next, get copies of your medical records and obtain a second opinion about the treatment. Follow up by taking the information to a medical malpractice attorney so you can discuss the specifics of your case.

Medical Errors Rank Third as a Leading Cause of Death

Did you realize that the three leading causes of death in the US are heart disease, cancer, and medical error? Therefore, you need to act quickly if you suspect negligence. Talk to a lawyer as soon as possible.

In fact, according to Harvard Health, medical errors are such a common occurrence that they lead to the loss of 200,000 to 400,000 lives annually. These errors result from diagnostic mistakes, poor decisions, system failures in clinical treatments, and miscommunication.

Moreover, the Harvard School for Public Health (HSPH) adds that medical mistakes number in the millions (43 million in 2013), so access to public health care is not enough. Medical providers should also ensure safer and more effective treatments.

Examples of Medical Errors that Lead to Malpractice Claims

Types of the medical errors that lead to claims include the following:

• Misdiagnosis or a diagnosis that is delayed
• The failure to treat a condition
• An error in giving a prescription
• Surgical mistakes
• Errors during childbirth

Misdiagnosis or a Diagnosis that is Delayed

If a doctor misses or delays a diagnosis, it can lead to problems with receiving the care a patient needs or may result in unnecessary therapies. When a doctor misdiagnoses a patient, he or she usually does not recognize certain physical signs or does not request further tests. This kind of mistake may result, as well, if the doctor does not refer the patient to a specialist.

Some mistakes happen because test or lab results are not labeled correctly, the test results are lost, or the technician conducting a test makes an error during the process.

Failure to Treat a Patient as Required

A failure to treat a patient may result if the doctor releases the patient from the hospital too soon or does not give them directions on their follow-up care. They may fail to order the proper medical tests or overcook a patient’s history when prescribing medicines.

Making Prescription Errors

If a doctor prescribes the wrong medicines or does not prescribe the correct dose, it can lead to a malpractice claim. Sometimes errors arise if the physician does not recognize possibly harmful drug interactions with the medicine they prescribe.

Mistakes Made During Surgery

Surgical errors may happen if the doctor performs a procedure at the wrong site on the body or performs a surgery on the wrong patient.

Errors may also occur if items, such as medical devices or gauze, are left inside a patient before suturing a site. The failure to follow best procedural practices before, during, or after surgery leads to malpractice claims as well.

Causing Injuries During Childbirth

Medical malpractice claims also arise if mistakes are made during childbirth. For example, if the doctor uses the forceps incorrectly,  the mistake can be devastating. If a C-section is not performed, when required, it can also trigger an injury or death.

Sometimes injuries or fatalities result when the umbilical cord gets wrapped around the infant’s nose, mouth, or neck. Mishandling an infant can also result in errors during delivery.

Who to Contact for Legal Help Now

Given that negligence and medical mistakes are not rare events, you need to contact a medical malpractice lawyer if you or a loved one has experienced medical negligence. Call the law firm of Jance M. Weberman in Los Angeles, a Professional Law Corp. at 213-386-9100  today.

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No longer will hospitals where infections are commonplace be unaccountable for the negligence that caused the infections. Medicare is pushing to impose hefty fines on facilities that have high injury and infection rates.

What the stats say

Although infection and injury rates at hospitals are in decline, there are still too many cases where unfortunate patients were caught on the short end of hospital-related injuries and infections. As many as one in every eight patients suffered avoidable complications while being tended to in a hospital. These avoidable instances are set to cost hospitals around $330 million a year.

The federal health officials are still not happy with the decline and are of the opinion that the number could decrease even further. Infections like central line-associated bloodstream infections are mainly caused due to negligence and are said to be avoidable.

These cases have declined over the years, but are nowhere near an acceptable rate. Also, the cases where drug-resistant super-bugs have emerged, have aired other areas of concern.

What Medicare is proposing

Hospitals who continue to display high numbers of infection and patient injuries are to lose 1% of their Medicare payments over a one-year period. It is believed that nearly 25% of all hospitals in the country are in danger of being penalized. This equates to a staggering 761 hospitals who will face the music.

These penalties have not yet been finalized; however, when the day comes, the hospitals in question might rethink their safety and precautionary protocols and procedures.

Who are the likely candidates?

All medical staff has to train somewhere and it seems like the teaching hospitals are the ones where the numbers are the highest. At present, around 54% of the country’s teaching hospitals have been marked for preliminary penalties.

Unfortunately, these hospitals carry the burden of training new medical staff and it is believed that due to the levels of inexperience and training that these hospitals have such a high rate of infections and injuries. The main priorities of these hospitals are of an academic nature and as a result, safety is not always monitored closely.

However, regardless of the level of experience or academic nature of the hospitals, it does not indemnify them of their first priority and that is the safety of the patients.

What can be done?

As a patient, you are not always aware of your rights within a hospital and when there are complications, you can feel helpless. However, when you suspect that there has been malpractice and that infection could have been averted, you should seek professional advice. Call us on (213) 386-9100 and find out where you stand and get back what you lost.

The post Medicare to Penalize Hospitals for Patient Injuries appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Knowing the Background of the Attorney

All too often people pick a lawyer to represent them without doing any homework, asking questions or learning about the background of the lawyer they select. You may see a TV commercial for a lawyer or an Internet ad where they promise you the best representation, but if you hire that person without knowing their qualifications, experience, success rate, or how they are viewed by past clients, you run the risk of hiring the wrong person for your case. You need to spend some time learning about the lawyer you are considering. That way, you can see if the person you choose is successful, experienced in malpractice cases, and has a clear understanding of the laws and how they apply to your situation.

Taking Your Time to Decide on an Attorney

Deciding on a medical malpractice attorney in Los Angeles is not something you should rush through in hopes of getting a quick settlement in your case. You want to take your time deciding on who to hire. You can be sure that the doctors, hospitals, medical staff, and insurance companies involved on the other side have done their homework and taken the time to hire the best firm to represent their interests, and you should do the same. Speak with different lawyers so you can judge how they answer your questions and present options to you. That way, you can find the person who can do the best job for you.

Hiring Your Medical Malpractice Attorney in Los Angeles

If you are seeking a medical malpractice attorney in Los Angeles to assist you in your case, please reach out to us here at the law office of Jance M. Weberman. Mr. Weberman has extensive experience with malpractice cases and will fight vigorously to defend your rights get you justice in your case. Call our office at 213-386-9100 so you can ask questions and arrange a confidential consultation with Mr. Weberman and learn how he can help you.

The post How to Decide on a Medical Malpractice Attorney in Los Angeles appeared first on Jance Weberman | Winning Los Angeles Lawyer.