Kidney Dialysis Malpractice Lawyer

Vaage Law > Practice Areas > Kidney Dialysis Malpractice Lawyer

Dialysis is a lifeline for people with severe kidney failure, and patients trust their healthcare providers or dialysis centers with their very lives.

If malpractice occurs, it can turn an already stressful situation into a dangerous one. You shouldn’t have to worry about whether your treatment is being handled correctly while you’re trying to manage the demands of dialysis.

When your health, and in many cases, your life, hinges on dialysis, any mistake or negligence is simply unacceptable.

At Vaage Law, we have over 35 years of experience successfully supporting individuals and their families in medical malpractice claims. Get in touch with us online or call (619) 338-0505 to learn how our team can help you file a kidney dialysis lawsuit.

“At Vaage Law, we believe that when your life is on the line, there’s no room for error from healthcare providers or dialysis centers. We’re dedicated to turning your fight for justice into a stand against medical negligence.”

– Founding Attorney, Robert Vaage

What Is Dialysis?

Approximately 500,000 Americans are on dialysis, with more than 135,000 people in the U.S. diagnosed with kidney failure each year.

Dialysis is a medical treatment that helps people whose kidneys no longer work properly. When the kidneys aren’t functioning as they should, these waste products can build up inside the body and cause serious health problems. However, dialysis takes over this role.

How Does Dialysis Work?

People usually only need dialysis when they have severe kidney failure, meaning their kidneys can’t do their job well enough on their own and require assistance.

This can happen from conditions like diabetes or high blood pressure, but sometimes medical malpractice can also play a role, either by causing kidney damage or worsening an existing condition.

During the process, a machine called a dialysis machine is used. First, a needle is inserted into a blood vessel to draw out your blood. The blood then flows through the machine, where it goes through a filter called a dialyzer. This filter removes waste, extra fluids, and harmful chemicals that your kidneys would normally take out. After the blood is cleaned, it’s returned to your body through another needle.

There are two main types of dialysis treatments: hemodialysis and peritoneal dialysis. Hemodialysis uses a machine to clean blood outside your body, while peritoneal dialysis uses the lining of your abdomen to filter blood inside your body.

Side Effects of Kidney Dialysis

Dialysis removes waste and excess fluid from the bloodstream, but treatment can also cause uncomfortable and potentially serious side effects. Patients undergoing hemodialysis commonly experience fatigue, muscle cramps, nausea, dizziness, or a sudden drop in blood pressure. These symptoms can occur even when treatment is administered correctly.

Other complications require prompt medical attention, including:

• Low blood pressure (hypotension): Removing too much fluid or removing it too quickly can cause a dangerous drop in blood pressure, sometimes resulting in fainting or reduced blood flow to vital organs.
• Vascular access complications: Bleeding, infection, blood clots, and damage to the access site can interfere with treatment and require additional procedures.
• Electrolyte imbalances: Abnormal potassium, calcium, or sodium levels can cause muscle weakness, confusion, or dangerous heart rhythm disturbances.
• Dialysis disequilibrium syndrome: Rapid changes in blood chemistry can cause headaches, nausea, confusion, seizures, and, in severe cases, brain swelling.
• Peritoneal dialysis infections: Patients receiving dialysis through the abdomen can develop peritonitis, a serious infection requiring immediate treatment.

Experiencing a complication does not necessarily mean malpractice occurred. However, healthcare providers must monitor patients, respond to concerning symptoms, and adjust treatment when medically necessary. Failing to recognize a dangerous reaction or continuing treatment despite clear warning signs can put a patient’s life at risk.

Can You Recover Kidney Function After Dialysis?

Whether kidney function returns after dialysis depends on why treatment was necessary in the first place.

Patients experiencing acute kidney injury (AKI) sometimes need dialysis temporarily while their kidneys recover. Acute kidney injury can develop following severe infections, dehydration, certain medications, surgery, or a sudden reduction in blood flow to the kidneys. Recovery can take days, weeks, or longer, and permanent damage is possible.

For patients with advanced chronic kidney disease or end-stage kidney failure, dialysis generally remains necessary unless they receive a successful kidney transplant. Dialysis supports the body’s essential functions but does not repair permanently damaged kidneys.

Medical negligence can complicate either situation. Delayed treatment of an acute kidney injury, medication errors, or inadequate management of serious complications can worsen kidney damage and affect the likelihood of recovery.

When evaluating a dialysis malpractice claim, the patient’s condition before the alleged error matters. Medical specialists can assess whether negligent treatment caused additional kidney damage, prolonged the need for dialysis, or contributed to complications that could have been prevented.

Omar Shares His Experience With Vaage Law

Going through a medical malpractice lawsuit can be a lengthy process, and knowing what to expect along the way matters. In this testimonial, former client Omar Bustos discusses his experience working with Robert Vaage and his legal team over two and a half years.

Omar describes how the team kept him informed, answered his questions, and prepared his case for trial. He also shares why he felt confident in the firm’s handling of his case, from their first meeting through the jury’s decision.

Watch Omar Bustos share his experience with Vaage Law:

What Are Kidney Dialysis Malpractice Cases?

People receive dialysis at a hospital, dialysis center, or sometimes, at home, generally in three to five-hour sessions. However, the setting and frequency boil down to the specific situation of the patient.

While there are inherent risks associated with dialysis treatments, healthcare providers must still provide careful and attentive care to minimize complications for patients. When they don’t do that, it may be considered medical malpractice.

Many kidney dialysis malpractice cases are filed against dialysis centers, as some argue that these centers are cutting corners to make more money. Critics claim that these centers are often short-staffed and that the staff that is present may not be properly trained.

This can lead to mistakes and poor care, which puts patients at risk even though they rely on these centers for their life-saving treatments.

The “Profit Over Patients” Problem in Dialysis Centers

Dialysis centers operate on demanding schedules. Patients need treatment several times a week, and each session requires trained personnel to manage equipment, monitor vital signs, and respond to complications.

Concerns arise when business decisions interfere with the care patients receive. High patient-to-staff ratios, inadequate training, rushed equipment cleaning, and pressure to maintain treatment schedules can increase the risk of preventable errors.

Staffing levels deserve attention because dialysis patients can deteriorate quickly. A sudden blood pressure drop, significant blood loss, or a problem with vascular access requires an immediate response. Delays in recognizing these emergencies can have devastating consequences.

Federal regulations establish conditions that Medicare-certified dialysis facilities must meet, including requirements addressing patient safety, infection control, staffing qualifications, and quality assessment. Violations of these requirements can raise serious questions about a facility’s practices, although a regulatory violation alone does not establish medical malpractice.

A dialysis center’s profitability is not proof of negligence. The concern is whether financial or operational decisions resulted in care that fell below accepted medical standards and caused a patient harm.

When investigating dialysis-center negligence, Vaage Law can examine staffing practices, training, treatment protocols, and the circumstances surrounding the patient’s injury.

Kidney Dialysis Errors

With so many steps involved in dialysis, there are several ways healthcare professionals can commit errors. Grounds for a kidney dialysis lawsuit may involve:

• Improperly cleaning or disinfecting dialysis machines or reusing components intended for single use.
• Mistakes with medications, including unsafe or recalled dialysis drugs.
• Incorrect use of dialysate or acid concentrate in hemodialysis machines.
• Falls or accidents involving patients.
• Careless cleaning and filtering of dialysis equipment, including leftover cleaning solutions.
• Infections from not properly sterilizing machines or tubes.
• Using defective medical devices.
• Failing to monitor a patient’s vital signs.
• Problems related to vascular access.

Kidney Dialysis Injuries and Medical Malpractice

Negligence during dialysis treatment can leave patients with serious and potentially life-threatening injuries, such as:

• Blood infections that could spread throughout the body and progress into sepsis.
• Cardiac problems, such as heart attacks or other complications.
• Blood loss.
• Slip and fall injuries, like head injuries, broken bones, or internal injuries, if the patient is not monitored.
• Hemolytic anemia, which is a condition where your red blood cells are destroyed faster than your body can make new ones. This happens when chlorinated water is pumped into the patient’s bloodstream during dialysis.
• Nerve damage.
• Death.

How Do I Know if I Have a Valid Dialysis Malpractice Case?

A serious complication during dialysis can leave patients questioning whether something went wrong with their treatment. The fact that an injury occurred does not establish malpractice, particularly when a patient already has advanced kidney disease or other serious medical conditions.

The central question is whether the healthcare provider failed to deliver appropriate care and whether that failure caused additional harm.

Warning signs that warrant further investigation include:

• Staff failing to respond when a patient reports chest pain, severe dizziness, difficulty breathing, or other concerning symptoms.
• A dialysis session continuing despite dangerous changes in blood pressure or heart rhythm.
• Repeated infections associated with vascular access or inadequate infection-control practices.
• Medication or dialysate errors followed by a significant deterioration in the patient’s condition.
• Serious complications following equipment malfunctions or improper machine operation.
• Unexplained blood loss or delayed treatment of an access-site emergency.

A medical malpractice claim generally requires expert evaluation. A qualified medical professional must assess the care provided and whether the outcome resulted from negligent treatment rather than the patient’s underlying illness or an unavoidable complication.

If you suspect an error, request your dialysis treatment records and discuss the incident with a healthcare provider who was not involved in the treatment. An attorney experienced in medical malpractice can review the circumstances and determine whether further investigation is warranted.

Errors during dialysis go far beyond minor bleeding. Carelessness in treatment results in more than just an annoying disruption of your session. This negligence can cause major bodily harm or even death.

At Vaage Law, we are focused on defending patient safety and preventing such dangerous mistakes. If you’ve been affected by medical malpractice during dialysis, contact our team online or call (619) 658-4939.

Why Should I Work With a Kidney Dialysis Malpractice Attorney?

Kidney failure is already incredibly draining, leaving you feeling constantly tired and worn out. On top of that, dialysis treatments can worsen your fatigue, adding to your physical and mental exhaustion. Many people don’t have the energy or time left to tackle a lawsuit.

That’s where a lawyer comes in. They can handle every step of your case, so you can be fully invested in your recovery and health. An attorney can:

• Collect Key Evidence: A lawyer will carefully review medical records, talk with healthcare specialists, and gather any other documentation to build a strong case against the dialysis center or hospital.
• Negotiate for You: Your attorney will negotiate with the other side’s legal team to get a fair settlement for the mistakes made during your dialysis treatment.
• Represent You in Court: Should your case go to court, we’ll fight for your rights and make sure your side of the story is heard.

While we take care of everything in your case, you won’t be left in the dark. We’re always here to answer any questions or address any concerns you have along the way. Learn more about our attentive approach online or by calling us at (619) 658-4939.

Will a Kidney Dialysis Malpractice Lawyer Make a Difference in My Claim?

Medical malpractice cases can be tough because it’s hard to prove that a healthcare provider made a mistake that directly caused your injuries, especially with complex medical details and strong defenses from hospitals and doctors.

Therefore, having a lawyer on your side may improve your chances of a positive outcome in your claim. In fact, a study by Martindale-Nolo that interviewed personal injury claimants found that over 90% of people with a lawyer received a settlement, compared to about 50% who handled their own claims.

How to Pursue a Dialysis Malpractice Lawsuit in California

Dialysis malpractice claims require a detailed review of the patient’s medical condition, treatment history, and the events surrounding the alleged error. Establishing that a mistake occurred is only part of the process. The claim must also address how that mistake affected the patient’s health.

The process generally involves:

1. Reviewing the patient’s treatment history. An attorney examines dialysis records, physician orders, laboratory results, medication records, and hospital documentation to identify what occurred before, during, and after the suspected error.
2. Consulting medical experts. Specialists evaluate whether the care met accepted medical standards and whether different treatment or a faster response would have prevented the injury.
3. Identifying responsible parties. Liability can involve the treating physician, nursing staff, dialysis facility, or another healthcare provider. Equipment-related injuries can raise separate product liability questions.
4. Evaluating the resulting harm. The claim must account for additional hospitalization, medical procedures, permanent injuries, increased treatment needs, lost income, and other legally recoverable damages.
5. Pursuing a settlement or lawsuit. An attorney can negotiate with the responsible parties and their insurers or proceed with litigation when an acceptable resolution cannot be reached.

California generally requires medical malpractice lawsuits to be filed within one year of discovering the injury, or three years from the date of injury, whichever occurs first, subject to statutory exceptions. California also generally requires at least 90 days’ advance notice before filing a medical negligence lawsuit against a healthcare provider.

Because these deadlines can be complicated, patients and families should seek legal advice promptly rather than waiting for their medical condition to stabilize.

Kidney Dialysis Lawsuit Settlement Amounts

How much you might receive if you suffered medical malpractice in your dialysis care depends on several things, like the severity of the injury, how much the mistake impacted your life, and the costs of your medical care and treatment.

A lawyer may be able to recover the following for you in a lawsuit:

• Past and Future Medical Expenses: Applies to any medical bills for hospital stays, medications, treatment, surgeries, therapy, and more.
• Pain and Suffering: Money for the physical and emotional toll you’ve endured.
• Lost Income or Loss of Earning Capacity: If your injury prevented you from working, you can get money to make up for what you would have earned or compensation if you can’t return to work at all.
• Wrongful Death: You may qualify for financial support in the event your loved one died due to dialysis complications to cover funeral costs, loss of companionship, and lost income.

Awards Vaage Law Has Won for Our Clients

Our team has decades of experience handling a wide range of different cases, specifically medical malpractice cases. We have achieved significant results for our clients, including:

• $25,300,000: A patient suffered serious health problems, including sepsis and organ failure, after doctors at Kaiser missed important signs of bowel issues, which led to a delayed surgery.
• $4,950,527: Kaiser healthcare providers failed to notice a dislodged breathing tube in a 17-year-old stabbing victim, leading to an anoxic brain injury due to lack of oxygen.

Why Hire Vaage Law

Since 1992, Vaage Law has provided personalized legal support for victims of others’ negligence. We craft custom strategies for even the toughest cases. To us, you’re not just another case. Our team takes the time to get to know you and your story.

We work to make our communities a safer place, one verdict, and settlement at a time. This drive has allowed us to recover over $190 million for our clients.

Reach out to us online or call (619) 658-4939 to get the compensation and justice you deserve if you or a loved one experienced dialysis malpractice.

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