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Here is everything you need to know about medical malpractice and filing a claim in Los Angeles, as explained by expert wrongful death lawyers.
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August 25, 2017 Wrongful Death Lawyers Explain Medical Malpractice Cases in Los Angeles A medical malpractice claim is one of the most common litigation cases in America. Any negligence by healthcare professionals in the form of substandard treatment that causes harm, injury, or death of a patient can be classified as a medical malpractice. According to research done by Johns Hopkins University, medical errors is now the third leading cause of death in the United States with over 250,000 deaths annually. 1
Common Medical Errors that Lead to Malpractice Over 200,000 people die annually from medical errors. Most heartbreaking is the fact that these errors can be easily prevented. Wrongly administering medications is seen as one of the most common errors committed by hospitals. In some cases, the dosage or type of medication administered to patients does not conform to the doctor’s instructions. Other times, fatalities stem from infections that are caused by certain treatments. According to the Centers for Disease Control and Prevention (CDC), about 1 in every 25 patients is at risk of developing an infection when hospitalized. Poor communication in the healthcare system is considered as the root cause of malpractice. This involves not only communication between doctors and patients, but also between doctors and other hospital staffs. Compensation and Hospital Liability As with other personal injury claims, the compensation granted is typically in the form of financial aid. It usually covers the medical costs and burial or funeral expenses. It may even cover the therapy to maintain the mental health of the family left behind. Just as with other states, California courts can award these compensations to surviving family members. In addition, punitive damages may also be levied, to be paid by the defendant. Some states limit the amount of damages awarded to the family of victims in medical malpractice cases. California limits damages related to pain, physical impairment, and emotional trauma to $250,000. Statute of Limitations According to California’s Code of Civil Procedure, a claim against a healthcare provider can be filed up to a year from the date the plaintiff knew or should have known about the injury, or three years from the date of the injury, whichever is the earlier date. Medical malpractice is not on the top of anyone's mind when entrusting their life to a medical professional. When it happens, it extracts an emotional toll along with a physical one, especially to 2
the surviving loved ones in the case of death. Death by medical malpractice is classified as a wrongful death under the law. At such a stressful time, hiring professional wrongful death lawyers can prove essential to the success of the claim while allowing the victim and loved ones time to cope with the traumatic incident. They know the complicated California laws and guide you every step of the way through the process. About D&Z Law Group: D&Z Law Group has been handling numerous cases of wrongful death, personal injury, and many more litigations since we opened our doors in 2012. We consist of a team of legal professionals who will represent you with honesty and dedication, while aggressively pursuing a just result for your case. Sources: Communication Gaffes: a Root Cause of Malpractice Claims, NCBI.nlm.nih.gov 10 Things You Want to Know about Medical Malpractice, Forbes.com 3