Medical Malpractice FAQ

What are medical malpractice claims?

Medical malpractice claims generally cover any kind of damage or harm that has come to a patient when a doctor is negligent or strays from the standard protocol and best practices for care. This can include:

  • Failure to diagnose or delayed diagnosis
  • Birth injuries
  • Improper treatment or delayed treatment
  • Failure to provide follow up treatment or therapy
  • Surgical errors or surgical supplies being left in the body
  • Prescription errors or incorrect dosage
  • Errors by nurses or staff
  • Failure to properly monitor a patient, either during a procedure or following treatment

What kind of damages could I get from a medical malpractice claim?

Damages and compensation vary on a case-by-case basis, depending on the details of the incident. The court will often take into account several factors, such as:

  • The severity and permanence of the injury
  • Limitations and disability you now suffer because of the injury
  • Additional medical expenses, past and future
  • Additional pain and suffering, both physical and emotional
  • Loss of income or ability to earn income
  • Future rehabilitation and caregiver expenses
  • Scars or disfigurement

What is informed consent?

Before a doctor or physician can administer a procedure, treatment or surgery, he or she must fully inform the patient of all potential risks and options so that the patient can make an educated decision regarding his or her own treatment. Many hospitals and doctors' offices provide a written waiver, but some take consent on a verbal basis. If the doctor fails to explain these risks fully, the patient may have legal options.

What are my options if a surgery doesn't turn out like I had hoped?

With each medical procedure, there is a degree of risk and the potential for complications to arise. These should be fully explained to you preceding the treatment by the doctor during the informed consent process. If the surgery creates additional pain or injury, or fails to correct the problem, and the result can be directly tied to physician, nurse or hospital error, you may have a medical malpractice or surgical error claim.

Are there time limits or statutes of limitations on when I can file a medical malpractice claim?

In the state of California, the patient has one year from the date he or she knew about the injury or three years from the date the injury occurred (whichever date is earliest) to file a medical malpractice claim.

Even if you are afraid that the time limit has passed, please contact us to review the details of the injury and learn if you have additional time to file a claim.

Contact a San Diego Medical Malpractice Lawyer Today

At Law Offices of Steven I. Kastner, our San Diego medical malpractice attorneys have the experience to help you understand if you have a case and pursue the compensation and damages you deserve. Call us today at 619-232-8822 or toll free at 619-232-8822.