San Diego Medical Malpractice Lawyers
In 2016, the medical malpractice attorneys at Estey Bomberger obtained the largest medical malpractice settlement in California state history. The case was brought on behalf of a young child, who sustained a permanent brain injury at a local California medical facility. The $20 million settlement was the result of an extensive investigation and preparation for trial by the tenacious medical malpractice attorneys at Estey Bomberger.
What is Medical Malpractice?
“Malpractice” is a legal term which simply means that a physician acted negligently. Malpractice can result from a mistaken action or from inaction (failing to do something that should have been done). In order to recover money in a lawsuit, you must demonstrate that you have been harmed by this negligence. This is called “causation.” Proving causation may be the trickiest part of your case. It is not enough to just show that you have suffered harm, you must bring at least one expert witness, usually another doctor, to testify and explain how the medical provider’s mistake or omission caused your injury.
Understanding Medical Malpractice
Some examples of medical malpractice are blatant: for example, “wrong site” surgeries, where the wrong body part is operated on. There have also been several infamous “retained surgical instruments” cases, where a tool such as a tweezer or sponge is left inside a patient’s body cavity. More often, however, potential medical malpractice cases aren’t so cut-and-dried. These cases require extensive investigation to determine whether the attending physicians and medical staff were derelict in their duties.
Medical malpractice is particularly common in hospitals and during surgeries. Mistakes on the part of hospital staff (administering too much or too little anesthesia, or failing to monitor vital signs) can result in permanent injury, brain damage, or death. Mistakes in hospital intensive care units (ICUs) lead to as many as 40,000 patient deaths each year, according to a Johns Hopkins Study.
Finding a Good Medical Malpractice Attorney for Your Case
If someone close to you has, while receiving medical care, developed a significant illness or infection, sustained an injury, or died, you may be wondering about your legal rights: specifically, whether you can recover damages in a medical malpractice lawsuit. That question depends largely on the medical malpractice attorneys you choose to represent you.
Under the Medical Injury Compensation Reform Act (MICRA) of 1975, the amount of non-economic compensation (pain and suffering) injury victims may receive has been strictly limited to $250,000. A number of lawyers are hesitant to take on medical malpractice cases because the cost of taking a case to trial will many times exceed the compensation cap imposed by MICRA. Unlike other types of personal injury claims where an insurance provider can simply negotiate a settlement, doctors often have the final say in whether a settlement is approved, and some doctors will refuse to settle.
Fortunately, the medical malpractice attorneys at Estey Bomberger fight for injured patients and for their rights. When it comes to obtaining fair compensation for their clients, they have a 99% success rate. This is due in part to the fact that they only accept a select few cases a year. Steve Estey and Mike Bomberger, the founders of the firm, focus all of their time, energy, and resources on one thing – winning your medical malpractice case. When Estey Bomberger takes your case, the founding attorneys themselves personally handle it. Your case won’t be delegated to inexperienced associate attorneys.
Why Choose Estey Bomberger
At Estey Bomberger, we have the resources to take on the most difficult cases. We work closely with dozens of licensed medical doctors and industry experts (the best in their fields) to gain a clear understanding of our clients’ needs and give them the best possible representation. From the early stages of our case, we hold “kitchen table” focus groups and roundtable discussions to understand the themes of the case and to ensure that your case is ready for trial should fair compensation not be offered for the harm caused to you or a loved one. From start to finish, we dedicate a significant amount of time and energy to every case. We handle a very limited amount of cases at a time so that we can get the very best result. Our firm is radically different than “settlement mill” type law firms that take on many cases with the goal of reaching a very quick settlement. Our case results are a testament to the effectiveness of our approach and dedication.
Types of Medical Malpractice Cases We Handle
Recently, we also won a $2 million settlement involving a doctor who failed to perform an AFP blood test during pregnancy resulting in birth of a child with physical defects and a $1.75 million settlement in a medical malpractice case for severe injuries to an infant due to alleged negligence in the birth process. Contact us if you have a medical malpractice case that involves:
- Childbirth injuries
- Medical misdiagnosis or failure to diagnose
- Surgical errors
- Anesthesia mistakes
- Medication errors
- Dangerous drugs
- Defective medical device or product.
What is a Medical Standard of Care?
There is a special relationship between healthcare providers and patients. Doctors and nurses have a duty to provide a certain standard of care to patients. Standard of care is the degree of care that would be provided by an average doctor or medical care provider that practices that provider’s specialty. The standard of care takes into account the resources, knowledge, and technology available to the provider. In other words, what would an average physician typically do in this circumstance? When evaluating your potential case, we will look at the standard of care that was required, and whether or not it was met.
Start Your Legal Recovery Today
If you have been injured, don’t delay. Consult our medical malpractice attorneys to see if you may be entitled to damages. Under our contingency fee agreement, we will advance all costs related to your case. You will only pay for our services if we win your case.