In California, hospital patients have what is commonly referred to as a reasonable right to anticipate good medical assistance when being cared for by a medical professional. Physicians need to provide their patients with a reasonable standard of care. A doctor providing a reasonable standard of care will make medical decisions that are justifiable and are also in the best interest of their patients. When a medical professional should have known about a certain medical condition or symptom and failed to treat the patient the way another medical professional in the same field would have, the careless doctor could be held liable for injuries caused to the patient.
A standard of care in the medical field can be difficult to demonstrate. California law recognizes that there are medical circumstances that call for medical professionals to make tough decisions, which often leads to results that are difficult to predict. Because of this, the standard of care in the medical field can sometimes be vague. When demonstrating that a medical professional violated the reasonable standard of care, a court will demand a level of evidence and documentation that can only be attained through complex investigation.
How to Prove Medical Negligence
As a result of the everyday realities that come from practicing medicine, laws have been established that make it purposefully challenging to demonstrate negligence when receiving medical treatment. In order to assert that medical malpractice occurred, there are elements that must be proven within the confinements of California’s statute of limitations.
To prove medical malpractice, the following elements must be present in a claim:
- A doctor-patient relationship
existed between the parties; - The medical caregiver was negligent
and/or failed to provide reasonable care; - The medical professional’s
negligence was either the direct or major cause behind the patient’s harm; and - The patient’s injuries or damages
were a result of the negligence.
Obtain the Legal Support of a Qualified Medical Malpractice
Law Firm
When people visit a medical facility for treatment, they can rightfully expect medical caregivers to reasonably help their ailment in the best way possible. Unfortunately, this is not always the case – when medical negligence occurs, the injuries and harms could have been prevented. If you or someone you know was injured as a result of medical negligence, it is important to know that there might be an opportunity to file a lawsuit. Filing a medical malpractice case against the careless medical professional can help cover the costs associated with the injury, which may involve the following:
- Loss
of earnings, - Diminished
quality of life, - Medical
costs and treatment, and - Pain
and suffering.
At SANFORD A. KASSEL, A Professional Law Corporation, we have many years of committed experience in protecting the rights of injured patients. Filing a medical malpractice claim is not an easy task and it is very important to seek the legal skills of a qualified attorney. Additionally, it is also important to seek the help of an attorney that has a track record of successful cases. After suffering from medical negligence, don’t delay – obtain the legal services of a law firm that will work vigorously to defend your rights.
