When a patient is harmed or injured as a result of either a mistaken diagnosis or negligent medical treatment, a medical malpractice case often arises. These involve claims made against a responsible party who was involved in the patient’s medical care. This could be a doctor, nurse, technician, other medical provider, or a facility, such as a hospital or outpatient treatment center.
Medical malpractice claims are judged by the applicable “standard of care” and whether or not the care that is provided to a patient meets that community-wide standard. Judges and juries look to see whether the care provider was negligent, which means that they failed to provide a proper standard of care to the patient. It can be difficult to prove this, especially since laypersons outside the medical field cannot and do not understand the systems and terminology of medicine. As both a medical malpractice lawyer and a licensed medical doctor, however, Bradley I. Kramer, M.D., Esq. not only understands medicine, but knows when certain medical or surgical care should be provided and what type of care should be provided. Dr. Kramer understands these concepts better than perhaps any other malpractice attorney in California because he has been a licensed physician in the State of California for close to twenty years. At the Trial Law Offices of Bradley I. Kramer, M.D., Esq., you’ll find zealous representation and a lawyer with the medical experience necessary to fully and succinctly explain your situation to a court and to a jury.
When contemplating whether you have a medical malpractice claim, it can be helpful to have questions that lead you in the right direction. While only a qualified medical malpractice lawyer should give a true opinion on your case, the following questions can help you to pre-determine whether you are likely to have experienced medical malpractice:
Did a patient relationship exist between yourself and the medical provider? For example, many medical malpractice claims arise between patients and their doctors or hospitals. However, no doctor-patient relationship exists between a sick person and an entity such as Web MD or between a sick person and a non-licensed friend who provides medical advice.
Did the medical provider’s actions or inactions lead to your injury? The existence of pre-existing conditions can affect your ability to get compensation if you cannot prove that the medical provider’s actions caused you independent harm by either causing a new injury or making an old injury worse.
Do you have specific, identifiable damages? If the medical provider made a mistake but the mistake was caught in time or did not actually lead to any injury, then you may not have a medical malpractice claim. However, just because a mistake was eventually caught and corrected does not preclude you from a claim. Injuries that can form the basis of damages include physical pain and mental anguish experienced between the time of the mistake and the time it was corrected.
The best way to know if you truly have a viable claim is to speak with the office of a medical malpractice lawyer such as the Trial Law Offices of Bradley I. Kramer, M.D., Esq., a licensed lawyer and a medical doctor. Call as at (310) 289-2600 or visit us online to have your case reviewed today.