Medical Malpractice Attorneys
Medical malpractice can happen to anyone:
- Each year, between 48,000 and 98,000 patients die in the United States because of medical errors (To Err is Human: Building a Safer Health System, Institute of Medicine, Washington, D.C., 2000).
- One in every 100 hospitalized patients becomes a victim of medical error (The Medical Malpractice Myth by Tom Baker, University of Chicago Press, Chicago, 2005).
- More Americans die every year from medical malpractice than from car accidents (43,458), breast cancer (42,297), or AIDS (16,516).
- Medication errors cost more than $3.5 billion annually (Committee on Identifying and Preventing Medication Errors, Board on Health Care Services, Preventing Medication Errors, Institute of Medicine, Washington, D.C., 2006).
- It is estimated that 7,200 to 9,600 Californians die every year from hospital-acquired infections (California Department of Health).
If you think you or a loved one has suffered injuries due to medical malpractice, contact the medical malpractice attorneys at Pocrass & De Los Reyes for a FREE, no-obligation consultation.
Medical Malpractice is Not a “Mistake”
Medical malpractice (also called medical negligence), is not the same as a “mistake.” According to the law, doctors, nurses, hospitals, and other medical personnel must meet a “standard of care.”
Medical malpractice is when your medical caregiver’s treatment of you falls below the skill, knowledge, and care that is typically possessed by other caregivers in that same area of medicine. If their inadequate treatment caused your serious personal injuries or a loved ones wrongful death, it is medical malpractice.
Medical Malpractice is Not Just For Doctors
A medical malpractice case may be brought against any medical caregiver, including:
- urgent care centers
- physical therapists
Common Types of Medical Malpractice Cases
The medical malpractice attorneys at Pocrass & De Los Reyes have handled a wide variety of medical malpractice cases, often obtaining significant verdicts and settlements for their clients.
Examples of possible medical malpractice include:
- failure to or delay in diagnosis
- failure to inform the patient that they need a test
- failure to perform an appropriate examination
- failure to provide or delaying necessary treatment
- providing the wrong treatment
- a misdiagnosis
- performing unnecessary surgery
- making a surgical mistake
- leaving surgical instruments in the body
- infections after surgery
- nursing negligence
- inadequate training or supervision of staff
- personnel performing duties outside their training
- improper drug prescriptions
- failure to refer to a specialist
- failure to properly monitor a pregnancy, labor or delivery
- failure to inform a patient of the benefits or risks of a procedure, treatment or drug
- intentional neglect
Why You Should File a Case
Most people who believe they have suffered medical malpractice come to us to find out what really happened. Typically the doctor or the hospital refuses to either talk to them or to explain.
If you or a loved one has suffered medical malpractice, you deserve to be compensated by the wrongdoer. You may be eligible to recover compensation for such things as:
- Medical bills
- Lost wages and benefits
- Physical or occupational therapy
- Medical equipment needed, such as a wheelchair or adapted motor vehicle
- Caregivers or other home assistance
Compensation can’t bring a loved one back or make you forget the pain and suffering you were caused, but it may be vital to your and your family’s future.
Don’t Miss the Deadline to File
There are strict time limits (statutes of limitation) within which you may file a medical malpractice case. If you miss the deadline to file your case, you are giving up your legal rights forever.
Cost of a Medical Malpractice Attorney
If the medical malpractice attorneys at Pocrass & De Los Reyes take your case, you pay nothing until your case is resolved.
If you think you or a loved one has suffered medical malpractice, contact us today for a FREE, no-obligation, and confidential consultation.
Medical Malpractice Case Results
$1.4 Million Settlement
A 3-year-old child fell out of a moon bounce and broke his leg. He waited 63 hours in the hospital before he was treated by a doctor and suffered permanent injuries to his leg.
$1.3 Million Verdict
A cardiologist was negligent in treating a man’s heart attack in a timely manner thereby causing permanent damage to our client’s heart muscle.
Birth Injury – Medical Malpractice
A baby suffered hypoxia and sustained permanent brain damage due to failure of attending staff to recognize fetal heart distress via a fetal heart monitor.
During a gall bladder operation the surgeon cut the common bile duct instead of the cystic duct. The medical error caused an obstruction and bile began to accumulate painfully in the woman’s abdomen. When the surgeon realized his medical mistake, he drove our client to the emergency room of Los Angeles County-USC Medical Center, leaving her there without any medical records. She underwent major reconstructive surgery at LAC-USC Medical Center, followed by an extensive recuperative period.
A doctor failed to diagnose a tumor on the back of a 28-year-old woman resulting in a Stage 1 cancer progressing to Stage 4 cancer that required surgery.
A dentist improperly performed a mouth reconstruction.
Contact us for a free, no-obligation consultation. At Pocrass & De Los Reyes, you pay nothing until your case is resolved.
* This does not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.
Q: How do I know if I have a medical malpractice case?
A: Medical malpractice is a type of personal injury. In a personal injury case you must prove that you were hurt by someone else.
Sometimes medical malpractice is obvious. If a doctor amputates the wrong leg, that is clearly medical malpractice.
Often proving medical malpractice is more complicated. The medical malpractice lawyers at Pocrass & De Los Reyes will get your medical records from all your doctors, therapists, hospitals, and others involved. We will review the records and consult with medical experts to determine if you have a medical malpractice case that can be proven in court.
Q: How much is my case worth?
A: In the 1970s insurance and medical lobbyists convinced California legislators to pass A special law, called MICRA (Medical Injury Compensation Reform Act, Calif. Civil Code Sections 333.1 and 333.2) to restrict medical malpractice lawsuits.
Under MICRA, victims of medical malpractice are limited to compensation of $250,000 for pain and suffering.
The medical malpractice attorneys at Pocras & De Los Reyes are often successful in recovering additional monies if the injured party has suffered economic losses or if he needs additional care, therapy or equipment to live with his injuries.
It is important that your medical malpractice attorney understands the MICRA limits and knows how to obtain recovery in excess of the $250,000 cap whenever possible.
Q: I signed an arbitration agreement. Does that mean I can’t have a jury trial?
A: If you signed an arbitration agreement with a hospital, HMO, clinic, doctor, dentist, therapist, or some other medical caregiver, you may have given up your Constitutional right to a jury trial.
But there are circumstances when the medical malpractice lawyers at Pocrass & De Los Reyes may be able to challenge the agreement. So contact us, and we can give you your legal options.