The numbers of people in California who are injured or die from medical errors is significant, and sadly preventable in many cases. According to a 2003 report by the California Healthcare Foundation, 10,000 people a year die and 140,000 are… read more
Doctors and others who work in the medical industry are liable for damages that occur when they are found guilty of Medical Malpractice. This is a broad category with many elements included; determination of an exact cause for injury to a patient can be a difficult and complex matter best handled by an experienced Medical Malpractice Attorney.
The basic premise involved with this area of law is that medical professionals are expected and required to provide services that meet a “standard measure of care” within the industry or specialty. Four basic elements comprise a Medical Malpractice lawsuit:
-Physicians owe their patients a duty of care.
-A problem occurs when the physician violates an applicable care standard.
-The patient suffers from injuries that are compensable.
-Substandard care or conduct is factually proven to have caused the injuries.
People generally trust their medical caretakers to provide adequate care as needed. Most people do not take time to investigate a caregiver’s background or any record of violations. They need medical attention; they accept what is provided as normal and good. When treatment provided by a physician, nurse, pharmacist, dentist, or other health care professional is negligent or improper, the injured person may pursue a lawsuit to recover fair compensation for the harm they endured.
Another aspect of Medical Malpractice is on the patient side of things. Injury claims must prove that the patient was not responsible for the injury, and that any claims against a professional are lodged against the correct professional. For example, if a doctor prescribes a drug properly, but injuries occur because there was a defect in drug manufacturing, the doctor would not be proven guilty of malpractice; any claims would be against the drug manufacturer instead. This is an area of legal concern that your experienced Medical Malpractice Attorney can investigate thoroughly in order to excel in creating a valid case.
Medical Malpractice can occur at many stages of treatment. Most claims arise from one of the following problems:
-Diagnosis – incorrect or undetermined diagnoses can lead to additional medical problems or death. All diagnoses should lead to the best possible outcome for a patient.
-Treatment Errors – sloppy or incompetent treatment by a doctor can result in additional damage to the patient.
-Poor Risk Assessment/Failure to Warn – when doctor fails to warn the patient of possible risks and potential dangers of a procedure or treatment this is failure to perform required duty of informed consent.
There are many variables to consider when making this type of damage claim, so take action quickly. Arrange now for a consultation with our experienced Personal Injury Attorney. You can also learn more here about fair compensation and Medical Malpractice damage claims.