San Diego Medical Malpractice Attorney
Medical malpractice can be a complex topic in terms of what you have to prove to be successful in court and when you have to file your claim to make sure you don’t miss out on your opportunity for compensation. The deadlines for your lawsuit change depending on whether your malpractice claim is due to an injury or the death of a loved one.
If you’re looking for a San Diego medical malpractice attorney who knows the ins and outs of the legal system, Dr. Bruce Fagel is the attorney for you. Call the office today at 800-541-9376 for a free consultation. Dr. Fagel handled medical malpractice cases in Los Angeles, San Diego, San Francisco, and across Calfiornia.
Common Medical Malpractice Claims
Some common circumstances where medical malpractice claims are pursued include the following
If a doctor fails to diagnose your condition correctly, this doesn’t automatically mean that you have a successful medical malpractice claim. Practicing medicine is complex, and doctors are human and make mistakes. However, in some instances, this type of mistake does in fact rise to the level of medical malpractice. Set up a free consultation with Dr. Bruce Fagel so he can help you determine if you have a claim.
Failure To Diagnose
Failing to diagnose a patient is similar to a misdiagnosis. Again, you won’t automatically be successful in a medical malpractice claim if a doctor fails to diagnose you. However, if you hire Bruce Fagel, he will help prove to the court that the failure to diagnose was negligent and that another healthcare professional in the same or similar circumstances would have come to a different conclusion or done things very differently.
If you believe you have a medical malpractice claim due to a surgical error, Dr. Bruce Fagel can help. Well-versed in law and medicine, he will be able to determine if the surgical error rises to the level of negligence or a wrongful act, or if it’s just a tragic error that sometimes sadly occurs. Some examples of situations where surgical errors would give rise to a successful medical malpractice claim include:
- Poor communication that leads the surgeon to operate on the incorrect body part.
- Fatigue on the part of the surgeon to the point where the doctor knew they shouldn’t have operated but did so anyway.
- Insufficient planning, which leads to mistakes being made during the surgery
- Incompetence – the surgeon doesn’t have enough experience to do the surgery but does it anyway.
- The surgeon is neglectful during the surgery. This could include believing that an instrument might not be sterilized but failing to check that instrument and using it anyway.
- Operating under the influence of drugs and alcohol. This will almost always give rise to a medical malpractice claim and probably a successful one.
One of Dr. Bruce Fagel’s expertise areas is medical malpractice claims that lead to birth injuries. The two common types of birth injuries that often give rise to medical malpractice claims are severe trauma during the delivery, such as a lack of oxygen to the brain, and injuries to the brain due to trauma, both caused by negligent medical professionals. These injuries can cause lifelong severe and debilitating medical issues.
Nursing Home Abuse
Dr. Bruce Fagel has experience in trying and settling cases of nursing home abuse medical malpractice. If you or a loved one is experiencing abuse or neglect in a nursing home, reach out immediately and call our office so we can help you. For someone to abuse or neglect a resident in a vulnerable state while they are in a nursing facility is entirely unacceptable. Dr. Fagel will help you put an end to that despicable behavior and get you and your loved ones the compensation and treatment you all deserve.
With reports of more than 1.5 million cases each year, medication errors are one of the most common medical problems that occur in hospitals in the United States. Dr. Fagel has a tremendous amount of experience handling these types of cases. He knows what tactics are often used by the doctors and hospitals to try and downplay these types of mistakes. Therefore, he understands what to look for in these types of situations to make sure your claim is successful.
California Statute Of Limitations
One of the most essential elements in all types of lawsuits is the statute of limitations. If you miss the deadline to file your claim, you will be barred from recovering any compensation, even if it’s evident that the doctors or the hospital were negligent and engaged in medical malpractice.
In a medical malpractice case in California, you must file a lawsuit within three years of the date of the injury, one year after you discovered the injury, or when with reasonable diligence you would have discovered the injury, whichever occurs first.
Turn to a San Diego Medical Malpractice Attorney
No matter what type of medical malpractice claim you have, Dr. Bruce Fagel can help. He will work on your case with dedication, patience, and compassion from start to finish. He will review your case and give you a realistic idea of what you can expect will take place. Additionally, Dr. Bruce Fagel and his team will investigate, do all of the research, and try to get your case settled for an amount of money that is reasonable and fair, as quickly as possible.
If you believe you have a medical malpractice claim, call a San Diego medical malpractice attorney today at 800-541-9376 for a free consultation. Dr. Fagel is incredibly well respected in the medical malpractice community. He has authored many articles that have been published in the L.A. Daily Journal, The Forum (Consumer Attorneys of California), The Advocate (Consumer Attorneys Association of Los Angeles), and other noteworthy publications. If you’re looking for a medical and legal expert to assist you with your malpractice claim, look no further than Dr. Bruce Fagel.