Medical malpractice is a serious issue in California that often requires the attention and experience of a skilled medical malpractice lawyer. Medical malpractice occurs when a doctor or other medical professional makes a mistake that cause the suffering, injury or death of a patient. If your healthcare provider deviates from the accepted standards of practice in California, he or she may be guilty of malpractice. Your doctor must perform his job up to a certain standard, anything less is not acceptable under California law.
So what exactly is medical malpractice? A few of the most common examples include:
- Misdiagnosis of a condition
- Excessive delay in providing care
- Failure to provide appropriate treatment
However, while unfortunate, just experiencing one of these examples is not enough according to California courts. In order for a medical malpractice case to be proven, and for you to be able to recover financial damages for your injuries, your Southern California medical malpractice lawyer must be able to establish:
- A duty was owed
- The duty was breached
- The breach caused an injury
In California, a legal duty is established when a healthcare provider undertakes your care or treatment. You must have a physician-patient relationship in order to make a medical malpractice claim. The duty was breached when your provider failed to conform to the accepted standard care in your community, such as the reasons listed above. A skilled medical malpractice lawyer will likely bring in expert testimony to prove that negligence did take place.
Next, your California doctor negligence lawyer will show that the physician’s negligence led to your injury. It must be proven that if the physician acted differently, the injury could have been avoided. You and your lawyer will go over your case in detail in order to establish this critical point.
Lastly, your lawyer will need to show damages. Unless you sustain injuries of some sort, you likely do not have a claim. Damages can include medical expenses, lost earnings, emotional distress, pain and suffering, and more. Talk to your Los Angeles medical malpractice lawyer about some of the ways your life has been affected by your injuries.
If you believe that you have been the victim of doctor negligence in California or medical malpractice, contact the skilled doctor-turned-lawyer Bradley I. Kramer today. Mr. Kramer understands medicine and the law and will work with you to aggressively prove your case, making sure that you receive the damages you deserve and can recover under California law.