What is Medical Negligence?

Every day, thousands of Americans put their lives in the hands of medical professionals around the country, trusting them to fulfill their duties and protect their wellbeing. However, there are countless instances of medical malpractice every year, which result in injuries, further complications, and even death due to the negligence or oversight of medical workers.

Medical malpractice can occur in every medical field and, as such, can result in a wide variety of injuries and negative effects that can cause a person’s poor condition to worsen. These injuries can occur during diagnosis, treatment, rehabilitation, and many other steps during medical care. Those injured or the families of those who have passed away due to medical professionals’ harmful actions can seek compensation for their injuries.

Negligence by physicians and medical staff can result in serious, and even deadly injuries.

When taking on doctors, big hospitals, and insurance companies, the truth isn’t enough. If you think you have an open-and-shut case of California medical malpractice, you’re probably wrong. It takes a lot more than your word because you’re up against doctors and hospitals who have reputations to protect and deep pockets to cover every angle of a case. The only way to win is to fight fire with fire.

Contact Mashney Law today to speak with our Anaheim medical malpractice attorneys. Our Anaheim personal injury lawyers are not afraid to spend money on a case we believe in. We have the resources to take on the heavy-hitters in the medical industry.

  • Filing Medical Malpractice Claims
  • Medical Malpractice Caps – What You Should Know!
  • Surgical Injury
  • Hospital Negligence
  • Medication Errors
  • Pharmacy Errors
  • Failure to Diagnose
  • Birth Injuries
  • Cerebral Palsy

Filing Medical MalPractice Claims in California

Dealing with medicine is not a black and white issue. It’s technical and complicated and it takes educated and proven professionals to present your side of a malpractice claim. We have an expert support staff of researchers and investigators. Plus, we seek and find the most knowledgeable experts in the field of medicine from nationally recognized teaching hospitals. We’re careful in our selection because we know it matters.

We’re here to help. If you or someone you love has been the victim of medical malpractice, it’s time to get to work. Contact Mashney Law today – our attorneys will take on big hospitals, insurance companies, even physicians employed by the federal government under the Federal Torts Claim Act. Remember, doctors will fight tooth-and-nail to save their reputations. You need someone who’ll do the same for you.

Medical Malpractice Caps-What You Should Know

Over the past months, there has been a great deal of talk about a so-called “Insurance Crisis,” that is driving up the cost of health care and doctor’s insurance premiums. Often medical malpractice lawyers are cited as the bad guys driving that train.

At Mashney Law Offices, we believe that the crisis is within two industries, the medical profession – that needs to do a better job policing itself, and the insurance industry that is gouging doctors by hiking insurance premiums and then blaming medical malpractice attorneys for the hikes in premiums thus creating the “crisis.”

The Facts

Recently it has been reported by the U.S. General Accounting Office (GAO), which is the non-partisan research arm of Congress, that after investigating claims of a “medical malpractice crisis,” the GAO rejected the notion of any “crisis” declaring that “many of the reported physician actions and hospital-based service reductions were not substantiated and did not widely affect access to health care.”

The bottom line is – doctors are not leaving the profession over medical malpractice and hospitals are not denying access to care. In other words, there is no “malpractice insurance crisis!”

Mashney Law – Anaheim Medical Malpractice Attorneys Protecting the Rights of Victims of Medical Error

We want you to know that our California medical negligence lawyers have been active in the legislative battle in California to protect a consumer’s right to maintain a medical malpractice claim when a person has been injured as a result of a medical mistake.

We are dedicated to pursuing your meritorious claim for medical malpractice. Although much resistance has been met with these types of claims, We fight tirelessly for your rights.

Unfortunately, many law firms are turning down these types of cases because they may not be able to recover their cost in bringing the case to trial. However, the medical malpractice attorneys at Mashney Law in Anaheim, California are still dedicated to protecting the rights of the injured and will not back down in spite of these new caps on damages. Our firm will not give up fighting for injured patients and we will use all of the resources it takes to obtain justice for our clients.

Surgical Injury

All surgeries carry risks, but patients can also be harmed during surgery by the carelessness or incompetence of a surgeon or their operating staff. In these cases, a medical malpractice lawsuit can be filed on behalf of the victim if they sustained injury as a result of the mistake or negligence.

Surgical injuries may result from: the use of defective or improper operating equipment, failure to take a thorough medical history from the patient prior to surgery, and even more alarming mistakes such as performing surgery on the wrong area of the body and forgetting to remove clamps or other surgical instruments before closing incisions. If you or a family member believes you were the victim of negligence before, during, or after a surgical procedure, please contact our medical malpractice attorneys in Anaheim, California today.

Hospital Negligence

Hospital negligence can range from providing sub-par care to maintaining unclean or dangerous facilities. For example, a nurse or doctor may provide negligent care for a patient by failing to obtain a medical history, order appropriate tests, or deliver necessary care. Other hospital personnel might be negligent by failing to properly sanitize medical equipment or properly prevent people’s exposure to hazardous materials.

Cancer Misdiagnosis

Cancer is a serious disease that, when caught early, can often be successfully treated and/or controlled. For certain types of cancer, an early diagnosis can be life-saving, greatly improving the chances of survival. Conversely, delaying or misdiagnosing cancer can have devastating consequences, not only because it postpones necessary treatment, but because it can potentially allow the cancer to spread.

Misdiagnosis of cancer can result when a physician misreads a test, fails to order the tests needed to make a proper diagnosis, or labels a tumor or lump benign when it is in fact malignant. It is important for patients to be aware that both a misdiagnosis and delayed diagnosis of cancer can constitute medical malpractice. If you are a victim of misdiagnosis of cancer in California, our California cancer misdiagnosis lawyers can offer you legal assistance. Contact our Anaheim, California firm today to discuss your case.

Medication Errors

As a rule, physicians who prescribe medication should only do so after taking a thorough medical history from their patient. Unfortunately, this does not always occur. Medications may be improperly prescribed for a patient based on any of the following reasons: the medication may interact negatively with current medication the patient is taking; an existing medical condition (ex: heart failure) should preclude the patient from taking the medication; or the patient may have a known or unknown allergy to the medication.

Medication errors can cause severe health problems and even death – if you are the victim of a medication error, contact our medical malpractice attorneys in Anaheim, California today.

Failure to Diagnose

To properly treat a patient, it is essential to first identify what is ailing them. Diagnosis is the cornerstone of effective medical treatment. Unfortunately, failure to diagnose occurs frequently and forms the basis of countless lawsuits handled by the medical malpractice attorneys at our Anaheim personal injury firm. What tends to occur in these types of cases is that the initial failure to diagnosis prevents early intervention and effective treatment. By the time the diagnosis is made, it is often too late to treat the condition.

Birth Injuries

When physicians or their support staff fail to provide a reasonable standard of care before, during, or just after the birth of a child, this action, or inaction, can form the basis of a medical malpractice lawsuit. Birth injury refers to any trauma sustained by an infant in the womb or during and after birth. Birth trauma may result in the following types of permanent or temporary conditions and impairments: cerebral palsy, Erb’s palsy, shoulder dystocia, fractures, and brain damage. Our California birth injury attorneys handle all types of birth injury lawsuits. To discuss your child’s case, contact our Anaheim office.

In many cases, birth injury is the result of an interruption of the flow of oxygen to the brain. In these situations, the quick response of a physician can prevent serious injury. When a physician fails to react to an emergency situation during birth (including failing to order a cesarean section), or when the mother is not properly monitored prior to and during birth, that physician may be guilty of medical malpractice. If your child suffered a birth injury that you feel may have been caused by negligence, the medical malpractice lawyers at Mashney Law in Anaheim, California can help. Please contact Mashney Law today for more information.

Cerebral Palsy 

Cerebral palsy, or CP, is a muscle control disorder that occurs when the part of the brain known as the cerebrum is damaged. Patients with cerebral palsy have difficulty controlling their movements and may have visual, auditory, and speech impairments as well as learning disabilities. Motor skills are limited and seizures can occur in some cases.

Cerebral palsy usually occurs around the time of birth and can be caused by medical malpractice. In some cases, a doctor may not recognize problems that can occur during labor or may fail to quickly and appropriately respond once a problem is identified. If the doctor’s negligent actions lead to a brain injury that causes cerebral palsy, our medical malpractice attorneys may be able to file suit. Cerebral palsy is a permanent condition often requiring long-term medical care, and our medical malpractice attorneys can help families throughout California receive the compensation they need and deserve to provide that care.