San Diego Medical Malpractice AttorneyChoose a Firm That Was Created to Advocate for Victims.
Why Do You Need a San Diego Medical Malpractice Lawyer?
We trust doctors, nurses, and other medical professionals with our lives. When this trust is violated, the results can be devastating. A medical malpractice lawyer can help you seek justice.
Medical malpractice can range from misdiagnosis, to surgical errors, to improper aftercare. If you or someone in your family has suffered serious harm because of medical negligence or medical malpractice, you may face a wide range of injuries and hardships. It is important to remember that no matter how medical malpractice has impacted your life, you have rights.
Vaage Law can help you understand your legal options in pursuing compensation, funds that could vastly improve your future and ease the strain on your family. Our firm’s founder, Attorney Robert Vaage, is dedicated to helping clients obtain compensation for medical bills, lost wages, pain and suffering, and other harms and losses.
Your decision to assert your rights today could also help save others from suffering the same negligent treatment by holding the responsible parties accountable. Contact a San Diego medical malpractice lawyer by calling Vaage Law at (619) 338-0505 for a free, fully confidential consultation. We’re here to help you towards a better future.
*Medical malpractice victim explains Bob Vaage’s impact on her case and quality of life.
What Kind of Settlement Can a San Diego Medical Malpractice Attorney Help You Secure?
A medical malpractice attorney can help you secure various types of settlements depending on the specifics of your case. Here are some examples:
- Financial compensation: If you have been harmed by medical malpractice, a medical malpractice attorney can help you seek financial compensation for your damages. These include medical bills, lost wages and loss of future earning capacity, pain and suffering, and other expenses related to your injury such as ongoing treatment costs.
- Punitive damages: In some cases, a medical malpractice attorney may be able to seek punitive damages, which are designed to punish the medical provider for their negligence.
- Non-financial compensation: In addition to financial compensation, a medical malpractice attorney may be able to help you secure non-monetary compensation, such as changes to hospital policies or procedures, public apologies, or other types of reform.
It’s important to note that the specific settlement you receive will depend on the details of your case, and it may take time and effort to reach a satisfactory resolution. A skilled San Diego medical malpractice attorney can guide you through the legal process and work to secure the best possible outcome for your case.
What Kinds of Healthcare Malpractice Cases Can a San Diego Medical Negligence Lawyer Handle?
Common instances of medical negligence regularly handled by Vaage Law include:
- Misdiagnosis: Incorrect or delayed diagnosis of conditions, such as cancer, heart disease, pneumonia, stroke, or appendicitis
- Surgical negligence: Failure to properly pre-screen for surgery eligibility, mid-surgery negligence such as improper use of anesthetic agents or wrong-site surgery, and post-surgical negligence like failure to monitor
- Birth, pediatric, and OB/GYN injuries: Delivery-related injuries like Erb’s Palsy, Cerebral Palsy, and anoxic brain injury, and pre- and post-birth negligence. This includes OB/GYN negligence such as failure to identify high-risk factors in expectant mothers, and pediatric negligence leading to permanent injury
- Defective medical devices: Use of a recalled or defective medical product, knowing that it may present a risk of harm
- Medication errors: Drug and medication errors made by a doctor, nurse, or pharmacist leading to an inability to work or causing life-long injuries
This is not an exhaustive list, just some of the top categories of healthcare malpractice cases. Keep in mind that medical malpractice laws are designed to protect patients’ rights to recover compensation if they are injured as a result of negligence. If you believe you are the victim of medical malpractice, you may be entitled to compensation for lost income, the cost of health and personal care, and other damages related to your injuries.
For grieving heirs of medical malpractice victims who have died as a result of the negligence of healthcare providers, our San Diego medical negligence attorneys can also help you pursue a wrongful death claim. Coverage could be available for lost income support, funeral expenses, and the profound pain and suffering caused by losing someone before their time. Contact Vaage Law at (619) 338-0505 for a compassionate and confidential consultation.
What Does a San Diego Medical Negligence Attorney Do for Your Case?
Here are some of the services a medical negligence attorney can offer for your case:
- Investigation: A medical negligence attorney will investigate the details of your injury to determine whether medical negligence occurred. This may involve gathering medical records, consulting with medical experts, and reviewing other evidence.
- Preparation: Medical malpractice claims and lawsuits are primarily based upon medical records, radiology images, the testimony of medical experts, and other highly technical matters. Once we establish that you have a viable case, our team does the work necessary to obtain and preserve this relevant evidence on your behalf.
- Valuation: Once we have investigated your case, we consult with economic experts to determine the potential value of your claim based on the damages you have suffered. This accounting helps guide negotiations with insurance companies and settlement talks.
- Negotiation: Medical negligence cases often involve negotiating with insurance companies to secure a fair settlement. A skilled attorney will have experience dealing with insurance adjusters and can help you navigate this process.
- Representation: If the other side refuses to offer a fair settlement and your case goes to trial, our medical negligence attorneys will prepare your case and represent you in court. This includes presenting evidence, cross-examining witnesses, and making arguments on your behalf.
Throughout the legal process, your medical negligence attorney from Vaage Law can provide guidance and support, answer your questions, and help you understand your legal rights and options.
Ultimately, we are here to help you seek justice and secure the compensation you deserve for your injuries and damages. We will work tirelessly to ensure your rights are protected and that you receive the best possible outcome for your case as quickly as possible.
Contact a San Diego Medical Malpractice Lawyer
If you believe you have received a serious injury from the medical negligence of a healthcare provider that prevents you from working or requires future medical care, do not hesitate to seek our firm’s assistance. While medical malpractice suits can be complex and expensive, our attorneys have the resources to handle these upfront costs on our end to fully investigate every aspect of your case. We only earn our fees if we win on your behalf — you owe nothing unless we deliver results.
At Vaage Law in San Diego, we have more than 35 years of experience with catastrophic injury, medical fraud conspiracy, and medical malpractice cases, and are committed to helping you obtain compensation for your harms and losses.
If you or a loved one has suffered a brain injury, spinal injury, nerve injury, surgical injury, birth injury, are unable to work, or require future medical care due to the negligence of a health care provider, please do not hesitate. Contact us today at (619) 338-0505 for the skilled and well-versed legal representation you need for your medical malpractice case.
San Diego Medical Malpractice Lawsuit FAQs
What is medical malpractice?
Medical malpractice is generally defined as a negligent act or omission by a doctor or other medical professional resulting in damage or harm to a patient. Medical malpractice is involved in more than 80,000 deaths a year in the United States. Less than 2% of all cases ever turn into medical malpractice lawsuits. Hundreds of thousands more fail to recover from their illnesses, are misdiagnosed, or are actively injured by doctors, nurses, pharmacists, and other healthcare professionals.
What proof do I need for a medical malpractice case?
Negligence by a medical professional can include an error in diagnosis, treatment, or illness management. To establish medical negligence, your medical negligence lawyer must be able to prove (1) the existence of a duty owed by the healthcare professional to the plaintiff, (2) a deviation from the applicable standard of care by the healthcare professional, and (3) a cause-effect relationship between the health care professionals’ deviation from the standard of care and the patient’s injury.
Proving liability in a medical malpractice claim is incredibly difficult. At Vaage Law, our team has years of experience with medical malpractice cases and has recovered millions of dollars in verdicts, settlements, and arbitration awards (especially in connection with Kaiser malpractice claims).
What is MICRA?
MICRA is an acronym for California’s Medical Injury Compensation Reform Act of 1975. It was intended to lower medical malpractice liability insurance premiums for healthcare providers by decreasing their potential legal liability. What that meant for victims of medical malpractice was an unfair cap on their non-economic damages at $250,000 — regardless of how egregious the injuries were.
Fortunately, MICRA caps have recently been updated thanks to the passage of Assembly Bill 35. The non-economic caps will eventually rise to the amount of $750,000 for injured patients and $1 million for surviving family members of wrongful death injuries.
How long do I have to file a medical malpractice claim?
The statute of limitations or deadline to begin a medical malpractice claim or lawsuit can range from six months to three years. Children under six years have a different statute of limitations than children older than six years. Birth injuries have yet a different deadline. Hospital districts are subject to different statutes of limitation as are military hospitals like the Naval Medical Center San Diego (Balboa).
The laws do not extend the deadlines while you are undergoing chemotherapy for a misdiagnosed cancer, or are trying to recover after the third surgery to repair complications from an initial surgery. Therefore it is extremely important that you contact our medical malpractice team at (619) 338-0505 immediately upon discovering or suspecting medical negligence so we can handle these deadlines on your behalf before time runs out.
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