Medicine is a noble profession. Doctors, nurses, and other medical professionals dedicate themselves to helping us with illness, injuries, and other health issues.
Nevertheless, our health care providers are human and, as a result, capable of error. Neither medical standards nor the law require medical professionals to be perfect. But, doctors, nurses, and other health care professionals violate medical standards –and the law– when they harm patients through mistakes, poor judgment, or negligence.
Mr. Vosseller is a San Diego medical malpractice lawyer representing the victims of medical errors.
Common medical errors include:
•Failure to diagnose
•Surgery in the wrong site
•Errors during surgery
•Failure to diagnose and treat infection
Mr. Vosseller previously defended physicians being sued by former patients for medical malpractice. While defending doctors, he learned the methods employed by defense lawyers and defense medical experts to defeat meritorious claims brought by malpractice victims. Now representing patients in medical malpractice lawsuits, Mr. Vosseller is able to identify likely arguments and tactics employed by defense attorneys with unlimited financial resources.
Mr. Vosseller thoroughly investigates every case before proceeding with a lawsuit. His pre-litigation investigation includes retaining qualified physicians, nurses, or other necessary medical professionals to scrutinize the relevant medical records, identify any improper treatment, and evaluate the likely defenses that will be raised. Mr. Vosseller accepts less than 5% of the potential medical malpractice cases that he investigates.
Medical Malpractice – FAQs
•Is my recovery limited in claims against health care providers?
•I received treatment at a Kaiser Permanente facility. Am I still able to seek relief for medical errors?
•Are doctors really "fleeing the practice of medicine" because of medical malpractice lawsuits?
Is my recovery limited in claims against health care providers?
Yes. In California, special rules limit the amount of damages that can be awarded against doctors, hospitals, and other health care providers. The rules were established in 1975 by the Medical Injury Compensation Reform Act (MICRA). Regardless of how badly a patient is hurt, health care providers will note have to pay more than $250,000 for the physical pain, emotional trauma, and suffering endured by the patient. If a jury awards a greater amount for "pain and suffering", the law requires that portion of the verdict to be reduced to $250,000.
Amazingly, this amount was established in 1975 and now, when adjusted for inflation, equates to less than $65,000. If adjusted for inflation, the 1975 damages cap of $250,000 would exceed $1,000,000.
I received treatment at a Kaiser Permanente facility. Am I still able to seek relief for medical errors?
Yes. Since the early-1970s, all Kaiser patients have been required to resolve medical malpractice claims through the Kaiser Permanente arbitration system. Mr. Vosseller has handled matters against Kaiser and is familiar with the unique procedures of the arbitration system.
Are doctors really leaving the practice of medicine because of medical malpractice lawsuits?
No. According to raw data compiled by the American Medical Association in 2006 (the most recent year for which information is available):
•The number of doctors in the U.S. is increasing. There were 921,904 physicians in the U.S. in 2006,nearly 20,000 more than in 2005.
•Despite the alleged "flight" crisis, the number of physicians rose in every state except Louisiana, which had a total decrease of seven doctors.
•The number of doctors is increasing faster than population growth. There were 303 physicians per 100,000 people in 2006, an all-time high nationwide. That's twice as many as when the American Medical Association began tracking figures in the 1960s.
•Doctors-per-capita rates outpace population growth in every state except Alaska, Arizona, and Georgia.
The number of physicians per 100,000 state residents is much higher in states without caps on damages in medical malpractice lawsuits; 311 versus 280. Since 2000, the physician-to-population ratio in states without caps has increased twice as much as in states with limits on lawsuit damages.