Licensed healthcare professionals have a legal duty and professional obligation to follow an industry standard of care. When a healthcare professional fails to abide by this standard of care and the patient suffers an injury, it is possible to hold the negligent party accountable through legal action. A person who has been injured may be able to obtain compensation for a variety of losses, including medical expenses, loss of wages, and emotional distress.
What Constitutes a Valid Claim
Medical malpractice can occur when the licensed doctor, health care professional, or hospital establishment causes an injury to a patient through an omission or negligent act. For a case to be considered medical malpractice, the claim will need to have the following characteristics:
The Injury Was Caused Through a Violation of the Standard of Care
California law acknowledges that there are certain standards in the medical field that are recognized as being acceptable treatments by reasonable healthcare professionals under similar circumstances. Patients have a right to expect medical professionals will administer care that is consistent with the standard of care. When it has been established that the standard of care for medical professionals has not been met, negligence can be ascertained.
Medical Negligence Caused the Injury
To achieve a successful medical malpractice claim, demonstrating that a breach in the standard of care occurred is not sufficient. It is also critical to prove that the injury sustained would not have transpired in the absence of negligence. Unfavorable medical procedures alone do not constitute malpractice.
The Injury Caused Significant Damages
For a medical malpractice case to be viable, the claim must show that significant losses have resulted from the injury caused by the medical negligence. To pursue a case, the claim must show that the injury has resulted in a loss of income, permanent disability, pain and suffering, and hardship.
Common Examples of Medical Malpractice
Medical negligence can take many different forms. The following are common examples of medical malpractice that could lead to a lawsuit: A misdiagnosis or the failure to diagnose, Ignoring or misreading laboratory results, Failure to order proper testing, Ordering an unnecessary surgical procedure, Surgeries that occur in the wrong site, Surgical errors, Improper medication, Improper dosage of medication, Lack of follow-up, Poor aftercare, A premature discharge, Failure to recognize symptoms, and Disregarding patient history.
Following an Injury Caused By Medical Negligence, Obtain the Support of an Experienced Attorney
If you or a loved one has been the victim of medical negligence where serious injury was sustained, it is important to consider seeking the legal advice of a qualified medical malpractice attorney. Medical malpractice cases are indisputably challenging; nonetheless, it is imperative to seek compensation after a serious injury. Discuss your options with a knowledgeable attorney today.
The attorneys at, SANFORD A. KASSEL, A Professional Law Corporation are highly regarded in the field of medical malpractice cases. With a commitment for exceptional client service, the firm is prepared to handle a thorough investigation and aggressively advocate on your behalf. Consider obtaining the legal support of the attorneys at SANFORD A. KASSEL, A Professional Law Corporationand schedule your free initial consultation today.
