When we are sick or badly injured, we place our trust in our doctors, nurses, therapists, and hospitals. Most medical personnel deserve our trust, but, unfortunately, some betray that trust.
Not every bad result in a hospital is medical malpractice. But more than 98,000 people die every year in this country from preventable medical mistakes made by hospitals, doctors, nurses, and other medical professionals (Institute of Medicine; To Err is Human; Building a Safer Health System, 2000).
A doctor, nurse, or other medical professional commits medical malpractice when your care falls below accepted community standards causing you to suffer a personal injury or wrongful death.
All Medical Providers Are Liable for Medical Malpractice
Anyone responsible for your health care is liable for medical malpractice. This includes, but is not limited to:
- Doctors
- Nurses
- Therapists
- Midwives
- Radiologists
- Lab Technicians
- Hospitals
- HMOs
- Urgent Care Clinics
Common Causes of Medical Malpractice
In more than 25 years of seeking justice for victims of medical malpractice, medical malpractice attorney Bill Newkirk at the Law Offices of William H. Newkirk finds that most medical malpractice occurs because of:
- Failure to treat
- Failure to diagnose cancer and other fatal diseases
- Failure to provide necessary tests or examinations
- Delaying treatment
- Providing the wrong treatment
- Lack of follow-up
- Surgical mistakes
- A misdiagnosis
- Unnecessary surgery
- Infections after surgery
- Nursing mistakes
- Inadequate or no training by persons providing treatment
- Failure to refer you to a specialist
- Failure to monitor a pregnancy, labor or delivery
- Medication errors
HMOs, Arbitration and Medical Malpractice
If you are a member of an HMO – such as Kaiser or Healthcare Partners – you were required to sign an arbitration agreement when you joined.
The arbitration agreement required you to give up your Constitutional right to a jury trial in the event of medical malpractice or a wrongful death by an HMO like Kaiser or Healthcare Partners. Your signing the agreement means that you accepted arbitration.
Arbitration is a form of alternative dispute resolution, or ADR. Both sides agree they will accept the decision of an arbitrator (usually a retired judge or an attorney), who will hear the case. Usually judgments for victims are less than they would be in a jury trial.
Many trial lawyers either will not take arbitrations or are not experienced at arbitrations. Medical malpractice attorney Bill Newkirk of the Law Offices of William H. Newkirk is experienced in arbitrations and has earned clients significant judgments.
Reasons to File a Medical Malpractice Case
Most people do not want to file a medical malpractice case, but they feel they have no other choice. Some of the reasons people file a case is because:
- They want answers and no one will tell them what happened.
- They have serious injuries and need medical care.
- They have medical bills because of the wrongful injuries.
- They have economic losses from being out of work.
- They can no longer work at their profession or, possibly, work at all.
- They need assistance, which they can't afford, with the tasks of daily living due to the wrongful injuries.
There are Strict Timelines to File a Medical Malpractice Case
If you think you have a medical malpractice case, you should contact medical malpractice attorney Bill Newkirk as soon as possible. It is important not to sleep on your rights.
In addition to ensuring that medical records are not tampered with, the law enforces strict deadlines for filing a medical malpractice lawsuit.
In California the law usually gives you one year to file a medical malpractice lawsuit. However, there are situations when you have only six months to file a claim and other circumstances in which you have two years to file a medical malpractice lawsuit.
A good rule of thumb is that if you are not getting better or if your treatment caused you to get worse, you should contact medical malpractice attorney Bill Newkirk right away.
Free Consultation with a Lawyer
To determine if you have a case, contact medical malpractice attorney Bill Newkirk at the Law Offices of William H. Newkirk for a free, no-obligation, and confidential consultation.
The Law Offices of William H. Newkirk works on a contingency basis. This means that you pay nothing until your medical malpractice lawsuit is resolved.
Some lawyers request an "up front" retainer fee, often several thousands of dollars, to review your case. These lawyers usually are not able to assess the merit of your medical malpractice lawsuit and are not familiar with doctors who can do it for them.
Often these lawyers will give your case to another attorney at the last minute.
Bill Newkirk is an experienced medical malpractice attorney who works with the best medical advisors to take your lawsuit through to its resolution.
