Medical Malpractice

MEDICAL MALPRACTICE ATTORNEY IN CALIFORNIA

The wrong diagnosis or a failure to diagnose is medical malpractice

Commonly speaking, a form of medical mistakes is the malpractice of symptoms or the failure to diagnose a medical condition. When symptoms or warning signs are showing, it is usually vital to the patient’s health that a doctor deciphers these symptoms and makes a timely diagnosis. Patients can suffer for years when an illness is misdiagnosed.

Malpractice can lead to the wrong drugs prescribed, the wrong treatment, or a treatment that actually makes the patients’ condition more drastic. A medical malpractice means that the actual illness is left untreated, which can cause catastrophic injuries or even wrongful death.

Medical malpractice can happen when doctors fail to give their full attention to the patients. If they fail to recognize the complaints of their patients, the results can lead to severe injuries including economic damages. If any injury resulting from a medical malpractice could have been prevented, the patient could have a supportive medical malpractice lawsuit. Some of the most common forms of medical malpractice are listed below.

Cancer Malpractice

Because there are many technological advances in the medical field, the sooner cancer is diagnosed, the better the chances for a full recovery. When cancer is misdiagnosed, it means there is no treatment. If cancer is diagnosed at a later time, it could be too late for effective treatment. Cancer malpractice can result in the need for painful, extensive treatments that may not have been crucial, had it been diagnosed at an earlier stage. Breast cancer, testicular cancer, ovarian cancer, cervical cancer skin cancer, and other forms of cancer get worse if not treated by time, and without treatment. There are many factors why cancer is misdiagnosed or diagnosed much later than it should be the following below:

Failure to accurately interpret or decipher the symptoms reported by the patient
Failure to perform prostate exams, cervical exams, mammograms, at the correct interval timing
Failure to decipher visible cancer cells during an exam for skin cancer
Failure to conduct biopsies of abnormal tissue
Failure to accurately interpret diagnostic test results and recognize a malignant tumor
Failure to quickly respond to abnormal test results and start necessary treatment

Stroke Misdiagnosis

If in the event a medical personnel fails to recognize the symptoms of a stroke or fail to run necessary tests, and the patient sustains a catastrophic injury or even death, the patient could file a medical malpractice or negligence lawsuit. The sooner a stroke is diagnosed, the sooner proper treatment can commence, and the better the chance of a full recovery. A stroke unfortunately blocks the blood supply that carries oxygen to the brain. If the brain suffers from a lack of oxygen for an extended period of time, this can cause permanent nerve and brain damage. Nevertheless, a quick stroke diagnosis and early treatment with clot-busting drugs can restore the blood flow to the brain. Stroke misdiagnosis can cause future damages or even permanent injuries. Failure to decipher the symptoms and properly diagnose a stroke is medical malpractice. Some of the effects of a stroke include:
- Paralysis or weakness on one side of their body
- Diminished ability to speak or understand speech
- Diminished mental capacity
- Loss or diminished motor skills
- Loss or diminished senses

Heart Attack Malpractice

A heart attack malpractice means that a patient will not receive the immediate care needed. In most cases, a doctor will simply dismiss the symptoms as anxiety or digestion. These consequences could lead to permanent damage to the heart or even cause wrongful death. When heart attack symptoms are reported by a patient, medical personnel should urgently administer tests and treatments to avoid serious injuries or death. These tests include cardiac enzyme tests, echocardiograms, coronary artery disease tests, electrocardiograms, angiograms, and stress tests. The most common heart attack symptoms may include the following:

Arm, back or shoulder pain
Fainting or lightheadedness
Chest pain that feels like a burning sensation
Shortness of breath
Sweating
Nausea

Infection Malpractice

Medical professionals understand that some types of infections can kill a patient if they are not properly diagnosed and treated urgently. When they fail to diagnose a serious infection that causes a serious injury or wrongful death, the patient could have a viable medical malpractice or negligence claim against the medical institution. An example of an infection malpractice include bed sore infections in a nursing home resident. If this infection is disregarded, it can result in amputation or even wrongful death. Another example could include a doctor who properly diagnoses an infection, but prescribes the wrong antibiotic, that causes the patient’s serious disability or even death. Any victim of infection malpractice which leads to negligent treatment has the legal right to seek monetary compensation for:

Past and future medical bills
Pain, suffering, disability and disfigurement
Bodily Injuries
Past and future economical damage including wages
Emotional Distress

Meningitis Malpractice

Unfortunately, Meningitis commonly strikes younger patients and requires a quick and decisive response by a medical provider. Bacterial meningitis is an inflammation of the spinal cord and brain that is a fast-developing and life-threatening disease. In most cases, meningitis symptoms are dismissed as the flu. Viral meningitis is less dangerous, but tests must be done quickly and treatment started immediately for bacterial meningitis. Symptoms of meningitis include a headache, high fever, and a stiff neck. If a medical provider misdiagnoses the case as the flu, life-saving treatment will not be given. A meningitis patient needs immediate medication and care. The disease acts rapidly, and death can sometimes happen within hours.
REVISED LAW INCREASES CALIFORNIA MEDICAL MALPRACTICE DAMAGES CAP

For decades, California had been one of several states to impose controversial caps limiting the amount of compensation plaintiffs in medical malpractice lawsuits can recover.

Namely, a state law that had been in place since 1975 placed a $250,000 cap on non-economic damages for the entire case no matter how many defendants. This cap includes damages for pain and suffering, physical and mental impairment, loss of quality of life, and other physical and emotional injuries. The cap is a major reason why results in California medical malpractice cases may appear to be lower than results in comparable cases in states without caps.

But thanks to AB 35, a bill signed into law by Gov. Gavin Newsom in May 2022, California is finally updating its outdated damages cap policy for the first time in nearly 50 years. Under the new law:

Medical malpractice cases involving injuries will have a new limit of $350,000 starting January 1, 2023, an annual $40,000 increase over the next 10 years to $750,000, and a 2% annual adjustment for inflation after that.
Medical malpractice cases involving a patient’s death will have a new limit of $500,000 starting January 1, 2023, an annual $50,000 increase over the next 10 years to $1 million, and a 2% annual increase thereafter.
Under some circumstances, more than one cap amount may be allowed.

This is an important legal update and one that helps correct a policy that has been heavily criticized by advocates who say caps unfairly impact only certain plaintiffs (such as non-working women, seniors, and children) and those who suffer the most serious harm. Nevertheless, a limit still exists under the new law, which means that it remains critically important for victims in these actions to work with counsel capable of helping them pursue the maximum recovery possible.