MEDICAL MALPRACTICE

Thank you for visiting my California Medical Malpractice and Medical Negligence information website. As an experienced San Diego Medical Malpractice Attorney, I bring special qualities to assist you with your potential medical malpractice claims and medical negligence lawsuits. If you would like a free consultation with me, an experienced Medical Malpractice Attorney please call me at 619-231-1155.

Medical Malpractice Law in California is complicated and in some instances California medical malpractice law is surprising to those unaware of California Medical Malpractice Law. As a result medical malpractice cases or medical negligence cases are some of the most expensive personal injury cases to be pursued by plaintiffs under California law. To be successful in a California medical malpractice law suit it is necessary to hire a medical malpractice attorney who is qualified and experienced in California medical malpractice law.

FINDING THE RIGHT ATTORNEY FOR YOUR MALPRACTICE CASE

What questions must a California Medical Malpractice attorney be able answer? There are three very important questions you must ask any medical malpractice attorney you are considering.

1- What is your rating with Martindale-Hubble? If the California medical malpractice attorney does not have a AV rating you should find one that does. An AV rating is the rating a lawyer receives who has been recognized and possessing the utmost ethics and ability in the practice of law.

R. Scott Benjamin, Esq. maintains and AV rating

2- Have you been approved by the San Diego County Bar Association (or any County Bar association in California) to handle medical malpractice cases? In order to receive referral from the Bar Association, an attorney must possess the requirements set out by the Bar Association. These stringent requirements assure that only lawyers with special expertise in California medical malpractice cases qualify fro the referral panel of the county Bar Association.

R. Scott Benjamin, Esq is on the San Diego County Bar Association medical malpractice referral panel.

3- How much professional liability insurance do you carry? California medical malpractice attorneys should carry a minimum of $1,000,000.00 in liability insurance.

My San Diego medical malpractice law firm carries $1,000,000.00 in liability insurance.

Under California medical malpractice laws is will necessary to retain a qualified expert medical witnesses to prove your case. What is unknown to many, who have suffered damages due to California medical malpractice, is that litigation costs in a medical negligence case can exceed $25,000.00. Fortunately, for many of my medical malpractice clients, I will front these costs up to the point where the case is completed, If I determine that your medical malpractice case fits established criteria for success.

It is important that the California medical malpractice lawyer that one hires, have access to the best medical malpractice experts. Prior to forming my California medical malpractice law firm in 1996 I represented San Diego doctors, nurses and hospitals as their medical malpractice defense attorney. As a result of these relationships My San Diego medical malpractice law firm has excellent access to the best medical malpractice experts throughout California. In addition, I am married to Alicia Benjamin, M.D. who was recently rated one of San Diego Top doctors by San Diego Magazine. She assists me with all of my cases and helps to provide answers to my medical malpractice clients.

I carefully apply these criteria because medical malpractice cases in California are by their very nature, complex, expensive to pursue, have a high risk of no recovery, and often involve a client's "personal" attachment. In order to make this determination experts employed by my San Diego Medical Malpractice Law firm will go through the medical records and individual facts of your particular case to determine what went wrong. Then I will apply California medical malpractice law to the facts and determine whether it is advisable to pursue your medical malpractice claim. A medical malpractice lawsuit may take up to a year, or in some special malpractice cases, take longer, so it is important to understand your medical negligence case from the beginning.

THE QUESTION I ANSWER ALMOST EVERY DAY IS “DO I HAVE A CALIFORNIA MEDICAL MALPRACTICE CLAIM OR CASE UNDER CALIFORNIA MEDICAL NEGLIGENCE LAWS?”

An actionable California medical malpractice case, also called California medical negligence, occurs when a health care provider, like a physician, nurse, hospital aid, and others fails to properly treat a medical condition and the negligent failure is the cause of injury or death to the patient.

In fact the California law pertaining to medical malpractice cases is defined in the California medical malpractice jury instructions. The instructions that apply to California medical negligence cases is paraphrased as follows:

1- Did the physician have that degree of learning and skill ordinarily possessed by reputable physicians?

2- Did the physician use the care and skill ordinarily exercised in like cases?

3- Did the physicians failure to exercise that ordinarily care and skill actual cause damages to the patient, and-

4- Did the patient of the patients family suffer actual damages
Damages allowed under California medical malpractice law include both special damages and general damages.

Special damages, also known as economic damages which my be recovered in a California medical negligence lawsuit can include, lost wages of the patient, lost future earnings potential, lost sick or vacation leave, cost of medical care including prescriptions, surgery, medical devises and any other costs incurred as a result of the medical negligence.

General damages, also known as pain and suffering, are also recoverable in a California medical malpractice lawsuit. Unbeknownst to many who have suffered from medical negligence or medical malpractice, is the fact that under California medical malpractice law, general damages are limited to $250,000.00.

ANOTHER QUESTION I ANSWER REGULARLY IS “WHO CAN BE SUED FOR MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE IN CALIFORNIA?

Many people are unaware that California medical malpractice cases are not limited to physicians. Medical negligence can be committed by one who has a title of doctor, physician, surgeon, anesthesiologist, MD, DO, chiropractor, physical therapist, nurse, RN, nursing assistant, pharmacist, inhalation therapist, radiologist, psychologist, psychiatrist, dentist, dental assistant, and many others. California medical negligence laws may apply to any person or any form of health care facility, like hospitals, clinics, laboratories and lab technicians, pharmacies and pharmacy technicians, medical equipment providers and pharmaceutical companies. All of these may be included in a medical malpractice lawsuit.

FINALLY, I OFTEN GET ASKED “WHAT KINDS OF CASES GIVE RISE TO CALIFNORNIA MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE?”

Defining every type of medical procedure, medical term or medical injury that can give rise to a medical malpractice lawsuit under California medical malpractice law, would be cumbersome and very lengthy. In order to give you an idea of what type of things I have handled as medical malpractice I have compiled the following partial list:

Failure to diagnose cancer, Erb's palsy, Brachial plexus injury, delayed diagnosis, misdiagnosis, failure to treat, delayed treatment, incompetent treatment, unauthorized treatment, lack of consent to treat, lack of informed consent, birth trauma, birth injury, cerebral palsy, birth injuries, hospital negligence, nursing negligence, pharmaceutical error, defective medicine, side effects, failure to disclose or warn of possible side effects, medical error, surgical error, foreign body, medical mistakes, wrong site surgery, surgical mistakes, chiropractor error, chiropractic mistake, anesthesia error, prescription error, medication mistake, wrong medication prescribed, wrong prescription dosage, overdose of medication, reaction to medication, failure to perform appropriate testing, misinterpretation of lab results, failure to review lab results, failure to take preventative measures for heart attack or stoke, unethical treatment, abusive treatment, and patient abuse. There are many, many more possibilities for medical injury, medical negligence and medical malpractice in California.

Call me to discuss your medical malpractice case involving the following health care providers: Scripps Health, Scripps Clinic, Scripps memorial hospital La Jolla, Scripps Memorial Hospital Chula Vista, Scripps Memorial Hospital Encinitas, Scripps memorial Hospital East County, Scripps Green Hospital, Tenet Health Care, Alvarado Hospital, VA hospital also known as the Department Veteran Affairs Medical Center or Veteran Administration Hospital La Jolla, San Diego Naval Hospital, Naval Medical Center San Diego, Paradise Valley Hospital, San Diego Rehabilitation Institute, Vencor Hospital, San Luis Rey Hospital, United States Government, UCSD, UCSD Regents, UCSD Medical Center, Thorton Hospital, Palomor Hospital, Villaview Hospital, Pomerado Hospital, Tri City Hospital, El Centro Medical Center, Calexico Hospital, and many nursing homes and rehabilitation facilities.

I would like to talk with you about your potential California medical malpractice case. I can be reached immediately by phone to answer all your questions about medical malpractice lawsuit. My consultation with you is free.

PLEASE CALL US NOW. 619-231-1155 FREE CONSULTATION

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