San Jose Medical Malpractice Attorney

If you or a loved one has suffered a catastrophic injury resulting from medical negligence, you’re likely in a very difficult situation. You want to make sure that you or your loved will hopefully recover, but you also want to make sure that the negligence never happens again and that you get the compensation you’re entitled to.

If you’re looking for a San Jose medical malpractice attorney, Dr. Bruce Fagel is the one for you. He is experienced, educated, and understanding. He knows exactly what needs to be done to get the outcome you want for your case. Call 800-541-9376 for a free consultation with a San Jose medical malpractice attorney.

What is Medical Malpractice?

Anytime a medical provider fails to uphold the medical standard of care when treating a patient, severe injuries can occur. The provider could be held liable for medical malpractice. Information available from Johns Hopkins University shows that preventable medical errors are the third leading cause of death across the US. These researchers say that approximately 250,000 individuals lose their lives each year as a result of medical mistakes.

Medical malpractice cases can arise in a wide variety of ways. This can include, but is not limited to, the following:

  • Failing to treat an injury or illness by ignoring symptoms
  • Misdiagnosing a patient
  • Delayed diagnosis or a failure to diagnose
  • Anesthesia mistakes
  • Surgical mistakes
  • Prescription medication errors
  • Healthcare acquired infections
  • Failing to prevent patient falls or injuries
  • Failing to obtain informed consent

This is certainly not an exhaustive list of the ways that medical mistakes occur. If you think that you or a loved one have been injured due to a medical mistake, please contact one of our malpractice attorneys so we can conduct a complete investigation into your incident.

Who Can Be Held Liable for Medical Malpractice?

There may be various parties that could be held liable for medical malpractice. It is crucial to understand that there are typically many parties involved in a medical procedure, not just a doctor or a surgeon. When truly working to examine the overall medical malpractice at hand, we have to consider all of the following (this list could vary depending on the type of medical mistake that occurred):

  • Doctor
  • Surgeon
  • Anesthesiologist
  • Pharmacist
  • Nurse
  • Pharmacy technician
  • Emergency medical technician 
  • Optometrist
  • Dentist
  • Orthodontist
  • Chiropractor
  • Urologist
  • Neurologist
  • Oncologist
  • General practitioners
  • Family physicians
  • Dermatologists
  • Radiologist
  • Lab technicians

Aside from individual workers in the medical field, the company or agency where the medical procedure took place or who employs these individuals could also be held liable. For example, if an anesthesiologist made a mistake and caused harm to a patient, the hospital where the medical procedure took place or the anesthesiologist’s employer could be held liable.

Some medical malpractice cases in San Jose involve the negligence of a third party. This can include the manufacturers of prescription and over-the-counter medications or medical equipment. In these situations, injured patients will likely have the right to name third parties as defendants in a medical malpractice case.

Steps to Take After Medical Malpractice

If you or somebody you love has been injured as a result of the careless or negligent actions of a medical professional, there are various steps that you can take to help ensure that you recover the compensation you are entitled to. This includes:

  • Seeking additional medical care. Your well-being is of the utmost importance, and you need to make sure that you are properly cared for if another medical professional makes a mistake. Seek emergency medical care if necessary, and schedule follow-up visits with a medical professional that is not associated with the medical professional who made the mistake.
  • Speaking to an attorney. You need to contact a skilled San Jose medical malpractice attorney as soon as possible. A lawyer can step in and make sure that your medical malpractice claim is filed on time and filed properly. A lawyer will handle every aspect of your claim on your behalf.
  • Keeping all documentation. It is crucial that you keep all documentation related to the medical mistake. This includes all medical records that you have, medical bills, photos of the medical error consequences if that is possible, and a journal documenting your day-to-day pain and suffering following the medical mistake.

FAQ: San Jose Medical Malpractice Attorney

Many people have questions about medical malpractice, so we thought it might be helpful to answer a few of the most frequent inquiries.

Q: How do you know if you have a medical malpractice claim?
A: Truthfully, you might not know right away. However, the first step is to determine if you have been injured or suffered a harm as a result of medical negligence. If you believe you have been the victim of negligence, you could have a medical malpractice case. The next step is to set up a free consultation with a qualified attorney. They will be able to give you an idea of your chances of success.

Q: How much money can I recover if my claim is successful?
In California, there is a cap of $250,000 on non-economic damages. Non-economic damages include pain, loss of enjoyment of activities, mental suffering, and emotional distress.

For economic damages, there is no limit to the amount the court can award. Some of the most common economic damages include lost income (past and future), hospital and medical bills, and the cost of rehabilitation.

Q: When do I have to file a medical malpractice claim? Could it be too late?
A: In California, you must file your lawsuit within three years from the date of the injury, or within one year after the injury was discovered., or within one year from when you should have discovered the injury through reasonable diligence, whichever of these situations occurs first. This means if you suffer an injury and discover it six months later, you have one year from that date to file your claim, not three years.

Q: How do you prove a medical malpractice claim?
A: This is important for you to understand, but even more critical for your attorney to know. In order to successfully file a malpractice claim, you must prove the following:

  1. The medical professional owed you a legal duty of care – you were their patient;
  2. The medical professional somehow breached that duty of care. Doctors and other medical professionals are required to exercise a level of care that a reasonably prudent medical professional would exercise in the same or similar circumstances;
  3. You suffered a harm or an injury; AND
  4. That harm or injury was caused by the breach of duty.

Call a San Jose Medical Malpractice Attorney Today

Medical malpractice claims can be confusing, but when you hire Dr. Fagel and his law firm, you never have to worry about the complicated details. He and his associates will do everything related to the case for you. He has successfully won and settled hundreds of medical malpractice lawsuits of all kinds. Dr. Fagel truly cares about all of his clients, and he will provide the highest level of dedication and experience to make sure you get the outcome you expect. Call 800-541-9376 for a free consultation today.