Medical Malpractice

Sacramento is blessed with some of the finest medical facilities in the United States. The teaching hospital at the University of California in Davis maintains an outstanding campus in Sacramento. Catholic Healthcare West with its Mercy Hospitals and the Sutter Hospitals provide pre-eminent care in treatment of cardiac disease and other forms of illness and injury. Unfortunately, accidents happen.

The New England Journal of Medicine points out that all too often medical “incidents” produce injury or death. No one practicing medicine or assisting in the practice of medicine wants any injury to come to those for whom they are providing care. Yet, sad things happen as a result of any number of circumstances. These circumstances can include the failure of a medical device, the application of the wrong medicine, a misdiagnosis or the wrong procedure being performed. These are all commonly called medical malpractice.

Claims arising from poor medical care by any medical provider - whether a dentist, chiropractor, osteopath, or medical doctor - are some of the most complex and difficult injury claims. Many states, including California, have special statutory laws and procedures governing claims against medical providers. In addition the facts surrounding what took place are often difficult to determine as well as what the medical provider should have done.

Some cases are reasonably clear. A case in which a dentist pulled the wrong tooth is an example. Many cases, however, involve judgment calls by the medical provider and what might be ok in one set of circumstances might be very wrong in a similar set of circumstances. To determine what should have been done is very important since that sets the standard of care for the medical provider. To determine what should have been done usually requires getting input from other medical providers and medical schools. All of this takes time and usually gets expensive since the consulting doctors charge for their time.

Some states, such as California, have laws which limit what an injured person can collect. In California, the most someone can collect after payment of their medical expenses and other out of pocket expenses is $250,000. It is part of a set of laws referred to as MICA (Medical Insurance Crisis Act). It came into effect as a result of lobbying by insurance companies that wanted to increase their profits by reducing what juries could award. Insurance companies are trying to get similar laws passed in other states and at the federal level.

As a result of efforts by Insurance companies to increase their profits, and as a result of consumer groups opposing such efforts, the laws dealing with medical injury claims are rapidly changing in all states. Many states have special a Statute of Limitations for claims against medical providers. In California it is governed by California Code of Civil Procedure section 340.5. It generally provides someone has three years from the time medical care was received to bring the injury claim. It is shortened, however, if the person knows, or has reason to believe, injury was suffered, in which case the Statute is only one year long. Unlike most Statute of Limitations it also applies to people under 18 years of age.

David Allen & Associates possesses a long history of providing assistance to those who suffer injury as a result of medical errors. It is very sad when such errors occur. When it does happen there are often expenses and losses which produce long term consequences. David Allen & Associates possesses the legal tools which can help you overcome those difficulties which unfortunately arose as a result of a medical error.

Examples of Malpractice Cases

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If you feel you or a loved one has suffered a medical malpractice injury as a result of the negligence of a health care provider, talk to the right people, and contact David Allen & Associates. We’ve been helping injured and disabled people for over 43 years. Call our office at (877) 876-4800 and one of our Sacramento medical malpractice attorneys can schedule a face to face appointment. Our Sacramento medical malpractice lawyers will discuss the details and what your rights for recovery are. Our qualified and trusted medical malpractice attorneys can thoroughly investigate your case, file the appropriate paperwork, and help you recover your economic and non-economic losses including medical expenses, pain and suffering, lost earning or income capacity and more.

Proving misdiagnoses had occurred is challenging. Doctors, through insurance company, will argue the outcome would have been the same if the diagnoses were made correctly. What it comes down to are the experts. The insurance company will find experts to agree with them. This is where an experienced heart attack and stroke misdiagnoses medical malpractice attorney will be help you. You need an expert who can testify that you or a loved one where harmed by the doctor’s negligent misdiagnoses.