We Hold Health Care Professionals To A Higher Standard

Although most medical professionals conduct themselves with integrity and provide sufficient care to their patients, those who do not must be held accountable for their actions. Millions of dollars and thousands of lives are lost each year in instances of medical error. In fact, the Institute of Medicine (IOM) reported in 2006 that preventable medication errors cost hospitals $3.5 billion per year. In its landmark 1999 report, the institute found that medical errors account for 48,000 to 98,000 patient deaths per year.

Clearly, this is no small problem, and the prevalence of medical malpractice in California and other states has accurately been called a crisis in recent years. Drivon Turner & Waters, PLC, aims to confront this problem by representing residents of Stockton, Modesto, Sacramento and San Joaquin County in cases of medical malpractice. An attorney from our firm can help you and your family obtain compensation for a personal injury or wrongful death that resulted from the negligence of a medical professional or institution.

Types Of Medical Malpractice

Our firm has brought medical malpractice suits on behalf of our clients in cases involving several kinds of inadequate care, ranging from care home abuse to delayed diagnosis of cancer. Common types of medical malpractice include:

  • Diagnostic failures a serious disease such as cancer or a delayed diagnosis resulting in worsening of the condition
  • Brain or spinal cord injury
  • Errors made in surgery such as operating on the wrong body part or unnecessary amputation
  • Post-surgical infection
  • Birth injuries such as cerebral palsy and brachial plexus palsy
  • Prescription drug errors

There are countless other manifestations of medical malpractice, but our experienced and professional attorneys can help you determine the exact type and cause of your injury, including the best course of action to seek maximum compensation. We can even inform you about state statutes of limitations and how to file a claim in a timely manner.

How Medical Malpractice Law Works

Medical malpractice claims are classified as claims of negligence, which fall under the larger category of tort law. The theory behind negligence claims is that people, especially professionals, have a responsibility to conduct themselves with a reasonable amount of care and can be held responsible for injuries that result from their negligent activity. To win a medical malpractice claim, a lawyer must prove that a client's injuries resulted from substandard medical care. This involves several steps:

  • Determining harm — The patient must be able to determine whether his or her injuries were the direct result of inadequate care. Physicians and other medical care providers are not usually legally required to disclose to patients that they have been injured by care that is below professional standards. Thus, in most medical malpractice cases, an attorney or other third party must be sought to make this determination.
  • Filing within the statute of limitations A medical malpractice claim must be filed within a certain time legally prescribed by the state where the incident occurred, called a statute of limitations. In California, the statute of limitations requires that medical malpractice claims be brought within three years after the date of injury or one year after the plaintiff discovers the injury, whichever occurs first.
  • Establishing a patient-physician relationship — In a medical malpractice claim, the plaintiff must be able to show that he or she was in fact under the care of the physician or other health care professional against whom the suit is being brought.
  • Proving negligence The plaintiff must be able to show that the health care provider did not provide adequate medical care in accordance with professional standards. Furthermore, the plaintiff must be able to illustrate that this negligence was directly responsible for his or her injury.
  • Establishing damages The final step in medical malpractice and all personal injury claims is determining how much monetary compensation the plaintiff is eligible for. Factors that are considered when determining damages include both economic losses (such as medical bills, lost wages and estimated future medical expenses) and noneconomic losses (pain and suffering, loss of companionship, etc).

At Drivon Turner & Waters, PLC, we have more than 40 years of experience handling medical malpractice claims. An attorney from our practice can help you and your family establish your claim, conduct the appropriate research and attempt to obtain either a fair out-of-court settlement or a favorable trial verdict.

Contact A Personal Injury Attorney From Our Firm

If you have questions about whether you have a medical malpractice claim, we can help. Simply call our Stockton office at 209-800-8971 or contact us online to schedule a free initial consultation where you can discuss the details of your case.