San Diego Malpractice Attorneys

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medical malpractice attorneys

San Diego Medical Malpractice Attorneys

Every year, thousands of people are injured or die as the result of preventable medical errors.  In fact, in a study by Health Grades, Inc., preventable medical errors cause as many as 195,000 patient deaths each year in U.S. hospitals making medical errors the third leading cause of death in America.

While more often than not health care providers provide good care to patients, and not every unfavorable outcome following medical treatment is a case of medical malpractice, healthcare providers do owe patients a duty to follow the appropriate standards of care in their treatment of patients.  This standard of care applies to nurses, doctors, surgeons, physical therapists and any other health care provider that provides care for a patient.

A claim for medical malpractice arises when a health care provider falls below the standard of care of a reasonably prudent health care provider resulting in an injury or death to a patient.  This breach of the standard of care can present itself in a number of ways including failure to diagnose, misdiagnosis, surgical mistake, elder abuse, hospital error, emergency room error or even lack of informed consent. To establish liability and recover damages for medical malpractice, the victim must demonstrate three things:

  1. The care provided to the victim fell below the standard of care;
  2. The injury to the victim was caused by the health care provider; and
  3. The victim was injured.

While the basis of a medical malpractice claim seems relatively straightforward and simple, the reality is that bringing a successful claim for medical malpractice is anything but simple.  Our medical malpractice attorneys can help.  Each case requires a comprehensive review of the victim’s medical chart, review by medical experts, understanding of the statute of limitations and MICRA* as well as handling the overall litigation process.

With over 20 years of experience, the medical malpractice attorneys at Miller & James, LLP, will aggressively pursue your medical malpractice claim, ensure that your legal rights are protected, and represent you in your pursuit of compensation for medical bills, lost wages, pain and suffering, and other losses that resulted from improper medical care.  We specialize in medical malpractice and have handled a wide range of medical malpractice claims including:

If you suspect that you or someone you love has been the victim of medical negligence, contact us today to schedule an initial consultation with a medical malpractice attorney at Miller & James, LLP.

 

*  MICRA is an acronym for Medical Injury Compensation Reform Act of 1975 which was enacted in an effort to control the rising cost of medical malpractice insurance.  Among other things, it imposes a “cap” of $250,000 on noneconomic damages (e.g., pain and suffering); gives the Defendant health care provider the right to request periodic payments of future damages awards of $50,000 or more; and limits plaintiffs’ attorney fees (40% of the first $50,000 recovered; 33-1/3% of the next $50,000 recovered; 25% of the next $500,000 recovered; and 15% of any recovery exceeding $600,000).

 

Miller & James, LLP are San Diego medical malpractice attorneys specializing in areas including but not limited to: Birth injury | Brain injury | Failure to diagnose | Medication errors | Hospital error | Nursing negligence | Cosmetic surgery errors | Surgical error | Phalloplasty Malpractice

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