Medical Malpractice
A medical malpractice case can be a very complex. It is a complicated legal issue with huge economic factors that must be accounted for in order to justify such a case. The evidence must be clear and convincing in order to win any damages.
As in any personal injury case there are major elements that need to be established in order to begin a plausible case. It must be proven that there was:
- Medical Negligence
- Damages to the patient
- Causation
As a legal term, Medical Negligence is commonly defined as the improper, unskilled or neglectful treatment of a patient by a physician, dentist, nurse, pharmacist, pharmacies, psychologists, psychiatrists, physical therapists, pathologists, lab technicians, and laboratories, or any of the many other professional health care workers. There are also many types of medical negligence. Some common cases include: misdiagnosis, failure to diagnosis in time, surgical error, failure to follow up with proper treatment, anesthesia error, and medication error.
Damages refer to the injury sustained as the result of the alleged negligent care. The proven medical negligence then becomes medical malpractice if the negligent treatment did in fact cause undue injury to the patient.
Establishing Causation in a medical malpractice suit requires a witness from the medical field to show if and how the negligent medical treatment directly caused an injury to the patient. Further, it must be proven that, had the negligence not taken place, the injury would have been avoided.
If you or a loved one has been injured due to Medical Negligence you may have the grounds for a medical malpractice case. You will need our expert legal advice and representation. We understand the complexities of the California Medical Malpractice Laws and will advise you of all your legal rights. Call our office today at 877-603-8473 for more information.