An IV infiltration and complication attorney is a medical malpractice lawyer specializing in cases involving the improper administration of intravenous (IV) fluids. IV infiltration occurs when IV fluid leaks out of a vein and into the surrounding tissue, often due to improper placement or management of the IV. This can lead to serious complications such as tissue damage, burns, nerve injuries, and other adverse effects. An attorney experienced in these cases can help victims seek compensation for injuries resulting from medical negligence.
The Elements of a California Medical Malpractice Claim
To win any medical malpractice claim, whether or not IV-related, you must prove the following elements of negligence as they apply to the facts of your case:
- The prior establishment of a doctor-patient relationship: A doctor-patient relation applies under almost all circumstances. It might not apply, however, if the defendant rendered first aid after just happening on the scene of a traffic accident. Remember that nurses and other medical professionals can serve as defendants in medical malpractice lawsuits.
- Establishment of the particular standard of care: Nurses, for example, owe a professional duty of care towards their patients. You need more than that to win, however. You need to establish exactly what the defendant should have done or not done under the circumstances of the case. Should they have inserted the IV into the patient’s other arm, for example?
Formally, the standard of care is “the degree of skill and care that a reasonably prudent healthcare professional in the same specialty would use under similar circumstances.” You’re likely to need an expert witness to prve this. - Breach of the duty of care: The defendant either did something they shouldn’t have done or didn’t do something they should have done. Breach of the duty of care is negligence but not necessarily liability. That requires causation and damages.
- Causation: Did the defendant’s breach of the duty of care actually cause the negative consequences that the patient suffered?
- Damages: Did the patient suffer tissue damage? Nerve damage? If so, how serious was it? Damages include economic damages, such as medical bills, as well as non-economic damages, such as pain and suffering. If the defendant’s conduct was outrageous, you might recover punitive damages.
Prerequisite: The Certificate of Merit
California implemented the Certificate of Merit requirement to deter frivolous medical malpractice lawsuits, which can contribute to a shortage of healthcare providers in the state. Under this law, before filing a medical malpractice lawsuit, an attorney must obtain written confirmation from a qualified medical expert affirming that the claim has merit. This certificate must be submitted to the court, although the expert who provides it is not required to testify at trial. This measure aims to balance access to justice with protections against baseless legal actions.
Damages Caps
In medical malpractice cases, California law applies a cap on non-economic damages such as pain and suffering and emotional distress. Currently, the cap is $390,000 for personal injury and $550,000 for wrongful death. This cap will increase each year by $40,000 (personal injury) and $50,000 (wrongful death) until 2033. There is no cap on economic damages such as medical bills and lost earnings.
The Statute of Limitations
California has a relatively complex statute of limitations for medical malpractice claims. It has a general deadline of three years from the date of injury (or death, in case of a wrongful death claim). Check with your attorney because many exceptions apply that can extend the deadline.
Contact a Santa Ana Personal Injury Lawyer For Help
Robles Babaee Personal Injury Lawyers is a Santa Ana personal injury law firm with extensive experience handling medical malpractice cases, including IV infiltration and complication cases. Contact us at your earliest convenience to schedule a free initial consultation. Our contingency fee arrangement guarantees you won’t pay legal fees unless you win.
Contact Robles Babaee, Personal Injury Lawyers or Visit Our Law Firm in Santa Ana for Help Today
Robles Babaee, Personal Injury Lawyers
1851 E 1st St Suite 810, Santa Ana, CA 92705
(714) 263-3700