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Bakersfield Medical Malpractice Attorneys


When Bakersfield residents, workers, and visitors go to an area doctor or hospital for treatment, they quite reasonably expect that the medical personnel and institutions involved will provide quality healthcare. Most of the time, they get the care they expect.

However, sometimes, doctors, nurses, and other medical workers fail to deliver a reasonable standard of care, and patients end up in worse shape than before. A doctor may misdiagnose their condition. Surgical tools may get left behind in their bodies after a procedure. Pharmacists and nurses may administer the wrong medicine, or an incorrect dosage.

The legal term for these potentially harmful mistakes is medical malpractice. Victims of medical malpractice have rights to compensation under California law. The experienced Bakersfield medical malpractice lawyers at Gomez Trial Attorneys represent injured patients in seeking that compensation.

Contact our Bakersfield Medical Malpractice Lawyers today for a free case consultation if you suspect a Bakersfield medical professional’s mistakes harmed you or a loved one.

About Our Law Medical Malpractice Law Firm

With offices throughout Southern California, including Bakersfield, Gomez Trial Attorneys is a top-rated law firm representing medical malpractice victims. Our mission is to hold individuals, companies, and government agencies accountable when their unreasonably dangerous actions cause someone else harm.

One area of our practice involves representing patients harmed by medical errors and other wrongdoing by medical professionals. Our seasoned attorneys have successfully represented patients in complex medical malpractice claims. One of those cases resulted in a $1,875,000 settlement for our client. Another resulted in a $2,100,000 settlement.

While we cannot guarantee any client will recover compensation for medical injuries, we can promise to commit the full measure of our experience, knowledge, and resources to seek justice for every one of our clients.

The Scope of Medical Malpractice

Medical malpractice occurs when health care providers fail to treat patients with the degree of expertise and care that a reasonably prudent medical provider in that area would use. This minimum requirement for medical treatment is known as the standard of care.

Medical malpractice can occur in virtually any healthcare setting: doctor’s offices, laboratories, diagnostic settings, urgent care clinics, emergency rooms, hospitals, pharmacies, physical therapy offices, nursing homes, sperm banks, blood banks, and more.

The parties legally liable for committing medical malpractice can include:

  • Doctors, medical practices, hospitals, and healthcare organizations;
  • Nurses and their employers;
  • Pharmacists and their employers;
  • Emergency medical technicians (EMTs) and their employers;
  • Surgical assistants and their employers;
  • Laboratory technicians and their employers;
  • Therapists and their employers; and
  • Testing laboratories.

Failures to deliver the standard of care can take any number of forms, depending on the patient’s health needs and circumstances.

Some common instances of medical malpractice include:

  • Misdiagnosis of medical conditions, such as mistaking a life-threatening condition like COVID-19 for a relatively mild one, like a common cold;
  • Surgical and procedural errors, which can include leaving surgical implements in a patient’s body, operating on the wrong body part, performing unnecessary surgical procedures, or performing surgery without a reasonable degree of care or ability.
  • Information and communication errors, such as entering data on a patient’s chart incorrectly, or failing to take note of symptoms a patient complains about.
  • Medication errors, including prescribing medication without considering potentially harmful drug interactions, or administering the wrong medication or wrong dosage.

These are just a few examples. Patients can end up worse off because of virtually any kind of medical error. Doctors, nurses, and medical professionals are human. Like all of us, they make mistakes. Unfortunately, their mistakes can cost people their health, and even their lives.

Signs of Medical Malpractice

It is not always simple to know when a medical error amounting to malpractice has happened. For one thing, people seek medical care because they are in poor health. Sometimes, even the best medical care cannot prevent them from having a bad health outcome.

For another thing, the law gives doctors some reasonable leeway in delivering care. Doctors sometimes have to make judgment calls and split-second decisions, some of which, with the benefit of hindsight, they might have made differently. The law does not necessarily hold doctors liable for reasonable choices in delivering care that turned out to be wrong.

Still, some medical professionals make unreasonable mistakes. Errors that simply should never have happened.

Some signs that an error like that has occurred can include:

  • A dramatic and unexpectedly poor outcome from a routine medical treatment or procedure, particularly if the outcome is not something that the doctor warned about as a potential risk or complication.
  • A negative health outcome related to a patient receiving anesthesia.
  • A negative health outcome relating to damage done by a provider to a patient’s nerve, blood vessel, or a vital organ unrelated to a procedure.
  • A medical event that should just never happen, such as infecting a patient with unsterilized equipment, prescribing medications that have dangerous interactions or to which the patient has a known allergy, leaving a medical tool inside a patient’s body, or performing a medical procedure on the wrong body part.
  • Injuries sustained in the course of medical providers performing routine tasks like intubation, inserting a line, moving a patient, or connecting monitoring equipment.
  • Indications that a medical provider delivered care while drunk, high on drugs, emotionally unstable, or excessively tired.
  • Comments, behaviors, or demeanors of healthcare workers on a patient’s medical team that suggest someone made a serious mistake in delivering care. The vast majority of healthcare workers care deeply about patient safety and wellbeing. If something goes wrong with your or your loved one’s care, chances are you will sense it from them.

We encourage anyone in Bakersfield who thinks that they may have received substandard medical care resulting in an injury or adverse health outcome to contact the team at Gomez Trial Attorneys for a free, confidential, no-obligation case consultation.

Four Steps to Take When You Suspect Medical Malpractice

Because you might not know definitely whether you have suffered an injury or health complication because of medical malpractice, you may want to take the following steps to obtain a clearer picture of the situation and to protect your legal rights.

  • Seek outside medical care for the injury or health complication. In other words, get treated for the injury/complication, but not by the doctor or medical team who you suspect may have caused it. Avoid pointing the finger directly at your prior medical provider. Instead, simply seek care for your existing condition based only on what you know about how it occurred. Make getting better your priority.
  • Keep all records of your original medical treatment and the second doctor’s care for the injury or health complication. Take note of any comments the second provider makes indicating a belief that your previous treatment was unusual or questionable.
  • Do not make accusations or demands of the medical provider you suspect of having committed malpractice. That will get you nowhere and could jeopardize your legal rights.
  • Consult our Bakersfield medical malpractice attorneys as soon as possible.

The team at Gomez Trial Attorneys has years of accumulated experience and knowledge about the standard of care patients can expect to receive from Bakersfield medical providers. We put that knowledge-base to work for clients and potential clients who suspect they have suffered an injury or medical complication because of a medical error. Contact us today for a free consultation to discuss your potential rights to compensation.

Compensation for Bakersfield Medical Malpractice

California law generally entitles patients injured by an incident of medical malpractice to compensation for their injuries and losses. The specific compensation an injured patient might have the right to receive varies based upon the circumstances of the injury.

However, as a general matter, at Gomez Trial Attorneys, our medical malpractice clients can often take legal action seeking compensation for:

  • Medical expenses and costs related to injuries or health complications, such as the cost of receiving follow-on treatment, hospitalization, long-term care stays, therapy, medication, and medical equipment.
  • Non-medical expenses and costs that a patient incurred because of the injury or health complication, such as the cost of hiring someone to help out around the house because an injury limits a patient’s mobility.
  • Lost current and future income resulting from the injured patient missing work and, in some cases, suffering a disability that prevents a return to work.
  • Pain and suffering damages to account for the physical discomfort, emotional trauma, and overall disruption of a patient’s quality of life because of a medical malpractice-related injury or health complication.

Talk to the Bakersfield medical malpractice lawyers at Gomez Trial Attorneys today to learn about the types and amount of compensation you may have the right to recover through taking legal action.

California Medical Malpractice Procedure

Taking legal action seeking compensation for medical malpractice involves a somewhat-complicated procedure that differs substantially from other Bakersfield personal injury cases. Only trust an experienced Bakersfield medical malpractice lawyer to represent you; hiring a law firm that does not have medical malpractice know-how could put your legal rights at risk.

Specifically, California law requires injured patients to give notice to a potential medical malpractice defendant (that is, any doctor or other health care provider who may have legal liability for the patient’s injuries) of the patient’s potential claim at least 90 days before the patient takes legal action. The notification must describe the legal and factual basis of the potential claim, and the type of injury and loss claimed.

Preparing this notification in a manner that protects and furthers an injured patient’s legal claim requires the skill of an experienced Bakersfield medical malpractice lawyer. Talk to the team at Gomez Trial Attorneys today about whether now is the time to start that process in your case.

Medical Malpractice Leading to Wrongful Death

The unfortunate reality of incidents of medical malpractice is that sometimes they cause a patient to die. In those tragic instances, California law authorizes certain family members (or their representatives) to institute a wrongful death action seeking compensation.

In order of priority, the people who typically have the legal right to pursue a wrongful death action are:

  • The spouse of the deceased patient;
  • If the patient didn’t have a spouse, the patient’s children;
  • If the patient didn’t have children, the patient’s parents;
  • Close relatives dependent on the patient for support, either financial or physical; and
  • The estate of the deceased.

Only one wrongful death suit on behalf of a decedent is allowed. Multiple eligible parties can join in the suit, however.

If more than one healthcare practitioner or institution is responsible for Bakersfield medical malpractice-related wrongful death, then the lawsuit can include claims against each of them.

As with legal actions on behalf of living patients, the type and amount of compensation available through a wrongful death lawsuit can vary.

Typically, however, these suits may seek financial compensation for:

  • Medical expenses for the patient’s treatment before death.
  • Funeral expenses
  • Loss of income that the patient would otherwise have earned had death not occurred; and
  • Loss of companionship for loss of intangible but vitally important love, care, affection, society, comfort, assistance, protection, moral support, training, and guidance.

In extreme cases, such as malpractice that is part of a pattern of wrongful conduct, or which exhibits malice or concealment, a California court may also impose punitive (or exemplary) damages intended to punish the medical provider and to deter further wrongful conduct.

Experienced, Knowledgeable Bakersfield Medical Malpractice Attorneys

Personal injury Attorney John Gomez

John Gomez, Bakersfield Medical Malpractice Lawyer

No one in Bakersfield should ever receive medical treatment that harms them. If you think that you or a loved one fell victim to a medical provider’s malpractice, then you may have rights to substantial financial compensation under California law. To protect and enforce those rights, hire an experienced Bakersfield personal injury attorney at Gomez Trial Attorneys to advise and represent you.

The top-rated team of Bakersfield medical malpractice lawyers at Gomez Trial Attorneys have years of accumulated knowledge and know-how to put to work on behalf of victims of Bakersfield medical malpractice. Contact us today online or call us at (619) 237-3490 for a free, confidential, no-obligation case consultation.

Gomez Trial Attorneys
1825, 18th Street
Bakersfield, CA 93301
(619) 237-3490

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