Chihak & AssociatesSan Diego Medical Malpractice Attorney | Personal Injury Lawyer | Del Mar Wrongful Death2026-07-08T20:08:15Zhttps://www.chihaklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1304254/2025/11/cropped-ca-fav-32x32.pngOn Behalf of Chihak & Associates<![CDATA[Warning signs that a hospital tried to hide a newborn injury]]>https://www.chihaklaw.com/?p=480162026-06-03T09:30:26Z2026-06-03T09:30:26Za medical malpractice claim.
Failing to document complications
A complete lack of information in your medical chart often signals a cover-up. If your delivery involves an emergency, the medical team must document every detail, from heart rate drops to the use of vacuum extractors. When a hospital tries to conceal an injury, staff members may conveniently leave out these critical details, downplay the severity of the event or omit the exact timeline of their response.
Stonewalling medical records requests
As a patient, you have the right to view and copy your family's medical charts. However, if the staff knows an error occurred, they may suddenly become difficult to work with. You might face endless delays, missing pages or unhelpful administrative hurdles when requesting electronic fetal monitoring strips or neonatal logs. This intentional stalling often indicates that the facility is trying to protect itself.
Providing conflicting explanations
When a newborn suffers an injury, the medical team might give you inconsistent stories about what went wrong. One doctor may blame a genetic condition, while a nurse hints at oxygen deprivation during labor. If the staff frequently change their explanation or dismiss your concerns, they may be trying to confuse you so you do not investigate the true cause of the harm.
Seek justice after a newborn injury
To secure justice for your child, you will need the right information. Solid evidence, such as complete medical charts, electronic audit logs and independent medical reviews, forms the foundation of a strong malpractice claim. This proof allows you to demonstrate exactly where the medical team failed your family.]]>On Behalf of Chihak & Associates<![CDATA[They told me it was nothing: when a dismissed symptom becomes a cancer misdiagnosis]]>https://www.chihaklaw.com/?p=480152026-05-28T21:51:55Z2026-05-28T21:51:55ZHow dismissed symptoms accelerate cancer progression
Cancer demands swift, aggressive medical intervention. The timeline between the initial onset of symptoms and the formal initiation of oncology treatment is the single most critical variable governing your long-term survival:
Progression to advanced stages: When early indicators are ignored, malignancies multiply unchecked. By the time the correct diagnosis is secured, the disease has often metastasized, progressing from a localized Stage I classification to a systemic Stage III or IV status.
Grueling, toxic treatment regimens: Catching a malignancy early allows for minimally invasive surgeries. Conversely, a delayed diagnosis forces patients to undergo high-dose chemotherapy, extensive radiation, and radical surgeries that may have been entirely preventable.
Under medical statistics tracked by the National Cancer Institute, a diagnostic delay of even a few months can transform a highly survivable illness into a terminal prognosis.
The legal standard for California medical malpractice
Under California law, a poor medical outcome does not automatically constitute malpractice. To secure a financial recovery, your legal team must satisfy a rigorous burden of proof:
Breaching the standard of care: You must prove that a reasonably prudent, similarly trained physician practicing in San Diego would have ordered blood panels, imaging scans (MRIs, CT scans), or tissue biopsies rather than dismissing your complaints.
Direct causation: You must establish a direct causal link, proving that the physician's specific failure to test was the direct cause of the advanced disease progression and diminished survival odds.
The historic caps on medical malpractice pain and suffering damages have been raised significantly, maximizing the financial recovery available to victims of diagnostic neglect.
Piercing the medical defense narrative
Hospital insurance corporations routinely claim that the cancer was exceptionally aggressive and that an earlier diagnosis would not have altered your ultimate clinical outcome. Dismantling this defense requires an exhaustive forensic audit of your electronic medical records alongside independent oncology experts.
Reviewing the statutory rules for medical malpractice claims in California is an indispensable step toward protecting your rights. If a physician’s negligent dismissal has compromised your health, you must act quickly to hold the negligent providers accountable and secure the comprehensive compensation required for your advanced medical care.]]>On Behalf of Chihak & Associates<![CDATA[Common fatal errors in California hospitals]]>https://www.chihaklaw.com/?p=480132026-04-30T19:37:55Z2026-04-30T19:37:55Ztypes of errors can occur, and these are sometimes fatal.
When a patient dies while they’re being treated in a hospital, the cause isn’t always clear. Families may be told that there were complications, but that doesn’t mean the complications weren’t avoidable. Here are several examples of preventable mistakes that can be fatal.
Missed or delayed diagnosis
Some fatal errors start with a missed or delayed diagnosis. Medical care teams may miss the signs of an illness or injury. For example, they may not have put the correct diagnosis on the differential diagnosis list, so they not have tested for it. This is common when the symptoms the patient is experiencing are associated with more than one medical condition.
Medication errors
Medication errors can have fatal consequences. These can involve a patient receiving the wrong drug or wrong dose. A missed allergy and a dangerous drug interaction are also possible. Medications in hospitals often go through more than one person, so each step introduces the chance of an error occurring.
Surgical “never events”
Surgical “never events” are among the most serious safety failures that can occur in a hospital. These include surgery on the wrong part of the body and a procedure being done or the wrong patient. Another major issue is when items are left in the patient’s body after the surgery. Hospitals have specific protocols they must follow to reduce the risk of these events occurring, but those aren’t always followed precisely.
Why expert testimony is necessary
When a patient dies because of the negligence of a medical team member, surviving loved ones can bring a wrongful death lawsuit based on medical malpractice. Under California law, nearly all such cases require plaintiffs to present the testimony of a medical expert to address whether the medical professional(s) being held liable followed the appropriate standard of care and if not (which is generally the case in these lawsuits), how that failure led to the patient’s injury – or in this case, their death. Note that the state has different legal standards for fatal neglect of those who die in elder care facilities.
While the claim won’t bring the loved one back, it may help those grieving the loss to find closure. Having experienced legal guidance is beneficial for family members going through this situation.]]>On Behalf of Chihak & Associates<![CDATA[Why first settlement offers from insurance are often low]]>https://www.chihaklaw.com/?p=480122026-04-30T20:08:14Z2026-04-28T15:34:26ZWhy are initial settlement offers so low?
Insurance companies capitalize on people's need for immediate support after a car crash or similar incident. They often make an offer that is below the policy limits and also well below the potential long-term costs of an injury.
People still recovering from the initial trauma that left them injured may not yet have a grasp on the big-picture implications of their injuries. They may be at risk of accepting a settlement that is far below the total amount of their future medical bills and lost wages.
Accepting a settlement typically absolves the insurance company of any future liability, even if a person incurs tens of thousands of dollars in additional expenses. Especially in scenarios where injuries are catastrophic and could have permanent consequences, the first settlement offer may be far too low given the total impact the injuries may generate.
Legal guidance may be necessary
Technically, people hurt by others can settle their own insurance claims. However, they have the right to work with an attorney. Doing so is typically beneficial, as a lawyer can assist with a review of the insurance policy.
They can manage discussions with the insurance provider. They can also help the injured person calculate their long-term losses, not just their current expenses. Countering an initial settlement offer may lead to negotiations, which an attorney can manage. They can also provide insight into when filing a lawsuit might be necessary because the insurance company’s approach to the claim is not reasonable.
Instead of simply agreeing to a settlement offered by someone else's insurance company, those hurt and in need of compensation may need help reviewing a settlement offer and pushing for a more appropriate amount of compensation. Retaining the support of an attorney can take much of the stress out of insurance negotiations and personal injury litigation accordingly.]]>On Behalf of Chihak & Associates<![CDATA[How do overworked surgeons put patients at risk?]]>https://www.chihaklaw.com/?p=479492026-02-03T12:17:11Z2026-02-03T12:17:11ZWhat causes burnout among surgeons?
Approximately 75% of medical malpractice cases involve surgical error. The “assembly line” nature of modern healthcare prioritizes speed and efficiency, meaning surgeons often have to operate at high speeds and handle routine tasks. This typically leads to fatigue, which are risk factors that may increase the likelihood of errors. Beyond exhaustion, many factors lead to burnout:
Extreme pressure: Surgeons have high standards to meet and will likely face lawsuits if they make even a single mistake
Compassion fatigue: Surgeons often work with severely ill patients, resulting in heavy emotional tolls that occasionally result in poor outcomes
High stakes: Surgeons must be precise and quick to act despite the stress and fatigue they face, making for a stressful environment
To address this, California regulates resident physician hours and requires mandatory rest periods in hopes of preventing fatigue and exhaustion. However, attending surgeons can still face heavy on-call obligations and scheduling pressure. The law does not guarantee that every surgeon will work with schedules that allow them adequate rest, which is why medical standards and hospital policies matter case by case.
What mistakes can surgeons make due to burnout?
Even well-trained surgeons can make mistakes from time to time, and the likelihood of this happening tends to increase with burnout. These mistakes have the potential to cause a lot of harm, some of which may be actionable through medical malpractice cases. Exhausted surgeons can make errors like:
Rushing pre-op evaluations that miss allergies or interactions between medications
Technical errors, such as unintended cuts or organ damage from prolonged exposure during surgery
Slow responses to complications like sepsis, internal bleeding or respiratory problems
Inadequate post-op monitoring due to an abundance of patients
Other problems can occur during surgery due to staffing issues. Surgeons often depend on nurses, anesthesiologists and surgical technologists for support, which means understaffing contributes greatly to burnout.
What should you do if you suspect medical malpractice?
If you suspect that a surgeon deviates from their standard of care to you, resulting in surgical errors or other complications, it is important to gather evidence. Request copies of medical records and document the timeline of events and any symptoms you experience.
Evidence in fatigue-related cases also includes call schedules, operating room logs, staffing records, handoff notes and expert testimonies on how other qualified surgeons would have handled a similar situation.
Surgeons who are negligent in their duty run the risk of inflicting harm upon you during surgery, making existing conditions worse or creating new medical issues entirely. By gathering the appropriate evidence, you can strengthen a medical malpractice claim and potentially receive financial compensation for medical bills and lost wages.]]>On Behalf of Chihak & Associates<![CDATA[Did a doctor abruptly end a prescription without proper care?]]>https://www.chihaklaw.com/?p=479502025-08-13T23:26:20Z2025-08-13T23:26:20ZMany drugs cause dependence
There are several types of medications that patients may become physically dependent on or accustomed to taking. Habituation to medication can leave people feeling anxious or uncomfortable without a prescription drug. Chemical dependence may put them at risk of withdrawal symptoms.
Drugs ranging from psychiatric medication and opioid pain relievers to powerful prescription steroids, such as prednisone, can cause painful and even dangerous symptoms after the abrupt termination of treatment.
It is generally advisable for health care professionals to taper patients off of drugs known to cause withdrawal symptoms or chemical dependence. The failure to do so could put the patient at risk of severe adverse reactions. Other times, patients may seek out medication on the unregulated market as a means of staving off withdrawal symptoms, which can expose them to contaminated drugs and cause worsening addiction.
Physicians who make decisions that do not align with current best practices and that result in negative consequences for their patients may have committed medical malpractice. Identifying preventable prescription drug errors can help patients and their family members demand accountability from irresponsible medical professionals.]]>On Behalf of Chihak & Associates<![CDATA[Breast cancer can be misdiagnosed as cysts]]>https://www.chihaklaw.com/?p=476652025-07-28T01:43:55Z2025-07-28T01:43:55ZBreast cancer misdiagnosis is a serious medical error that can delay treatment and affect patient outcomes. One of the most common mistakes occurs when breast cancer is misdiagnosed as harmless cysts. While breast cysts are common and often benign, confusing them with cancer can result in life-threatening consequences -- as can confusing malignant growths with cysts. Cysts typically feel smooth, round and movable, while cancerous lumps may feel hard, irregular and fixed in place. However, these differences are not always obvious during a physical exam. Some cancers present as fluid-filled masses that resemble cysts, making it important for healthcare providers to perform thorough diagnostic testing rather than relying solely on touch or appearance.
Mistakes happen, and they can be actionable if they occur as a result of negligence
Mammograms, ultrasounds and biopsies are helpful tools for distinguishing between cysts and cancer. If a doctor dismisses a lump as a cyst without ordering appropriate imaging or biopsy, they may miss a cancer diagnosis in its early and most treatable stages. Delayed detection can allow the disease to progress, requiring more aggressive treatment and reducing survival rates.Misdiagnosis can also occur when imaging is misread. For example, a radiologist might interpret a mass as a simple cyst without recognizing subtle signs of malignancy. Errors in communication between medical professionals or failure to follow up on abnormal results can further compound the problem.Breast cancer is treatable when caught early. Misdiagnosing it as a cyst not only endangers patients but also robs them of time for intervention. From a legal perspective, a misdiagnosis may constitute medical malpractice if it results from negligence. This might include failing to order standard tests, ignoring patient concerns or improperly interpreting diagnostic images. Victims of misdiagnosis may be entitled to compensation for additional medical expenses, lost income, pain and suffering and other damages caused by delayed treatment.]]>On Behalf of Chihak & Associates<![CDATA[Who’s liable for malpractice — the hospital or the doctor?]]>https://www.chihaklaw.com/?p=476642025-07-11T02:40:17Z2025-07-11T02:40:17ZThe liable party depends on who made the mistake, the role they played in your care and whether they were acting as an employee or an independent contractor. Understanding the difference is the first step toward holding the right parties accountable.
Unpacking medical malpractice liability
In many cases, the treating doctor may be personally liable if they made a negligent error, such as misdiagnosing a condition, performing surgery incorrectly or prescribing the wrong medication. Doctors in private practice or those working as independent contractors can be sued as individuals.
A hospital can also be held liable for the negligence of its employees. For instance, if a nurse gave you the wrong medication or failed to monitor you properly after surgery, you may hold the hospital accountable. Hospitals can also be liable in their own right for hiring unqualified staff, understaffing or failing to maintain equipment.
In some cases, both the doctors and the hospital may share the blame. For example, if a surgeon operated recklessly while the hospital provided unsafe conditions after the operation, both could be legally responsible for malpractice.
Medical malpractice cases can be legally and technically complicated. Figuring out who’s responsible is just the beginning. Building a strong case requires strong evidence, expert opinions and an understanding of how everything works. Seeking legal guidance can help protect your interests as you pursue the compensation you deserve.]]>On Behalf of Chihak & Associates<![CDATA[When doctors misdiagnose gallstone issues ]]>https://www.chihaklaw.com/?p=476622025-07-07T02:19:56Z2025-07-07T02:19:56ZGallstones are a common medical issue that affects millions of people each year. These small, hardened deposits can form in the gallbladder and often cause no symptoms. However, when gallstones block ducts or cause inflammation, they can lead to severe pain, infection and potentially life-threatening complications.
Unfortunately, misdiagnosis of gallstone-related issues is not uncommon, and when doctors fail to identify or properly treat these conditions, patients can suffer serious harm.
What happens and what can be done?
Gallstone symptoms often include sudden and intense pain in the upper right abdomen, pain that radiates to the back or shoulder, nausea, vomiting and digestive problems after eating fatty foods. Because these symptoms can mimic other conditions such as acid reflux, ulcers or even heart issues, doctors sometimes dismiss them or misattribute them to less serious causes without proper diagnostic testing.Misdiagnosis can occur when doctors fail to order appropriate imaging tests, such as an ultrasound or CT scan, to confirm the presence of gallstones. In some cases, doctors may attribute the pain to gastritis or muscle strain and send patients home without further evaluation. This delay in diagnosis can allow a gallstone to block the bile duct, leading to a dangerous infection called cholangitis or inflammation of the pancreas known as pancreatitis. Both conditions require urgent treatment and can be life-threatening if ignored.In other instances, doctors may misdiagnose gallbladder inflammation, known as cholecystitis, as a less urgent digestive issue. Failure to promptly diagnose and treat cholecystitis can result in the gallbladder becoming gangrenous or perforating, which can spread infection throughout the abdomen and cause sepsis.The consequences of these misdiagnoses can be devastating. Patients may endure unnecessary pain, prolonged illness and/or extensive surgery that could have been avoided with timely intervention. In severe cases, the delays can result in permanent organ damage, disability or even death.For patients harmed by gallstone misdiagnosis, pursuing a medical malpractice claim may be a truly reasonable response to the circumstances at issue. Medical providers have a duty to listen to patients’ complaints, order appropriate diagnostic tests, and provide timely treatment. When they fail to uphold this duty, patients deserve accountability.]]>On Behalf of Chihak & Associates<![CDATA[Why do doctors perform incorrect surgical procedures?]]>https://www.chihaklaw.com/?p=476602025-06-22T19:44:13Z2025-06-22T19:44:13ZSurgeons have demanding schedules
What may be a once-in-a-lifetime experience for a patient is just another day at work for the health care professional involved. In fact, many surgeons have to perform multiple procedures in a single day.
As such, it is possible for them to end up confusing their schedule or even mixing up medical records. In some cases, surgeons may forget the order in which they have scheduled the patients.
If they do not take proactive steps to identify the patient before initiating the procedure, they might perform the wrong procedure. The patient may undergo an unnecessary operation that does not provide any medical benefits and may not be able to undergo the surgery they require shortly afterward.
Other times, overworked and fatigued doctors might forget what day it is, which can have the same impact as mixing up patients. Ideally, support staff members and facility procedures reduce the likelihood of wrong patient or wrong procedure errors occurring. Surgeons and the people helping them perform operations do not always adhere to best practices, which can result in severe, preventable surgical errors.
Unfortunately, wrong procedure errors are among the most common surgical never events reported in domestic hospitals. Filing a medical malpractice lawsuit in response to a serious surgical error can sometimes help people recover the losses they sustained because of such errors.]]>