Do I Have a Medical Malpractice Case in California?
Medical malpractice occurs when your doctor breaches the standard of care and causes injury to you. The standard of care refers to the guidelines a healthcare professional uses to diagnose and treat his or her patients. The State of California’s civil court system intervenes by addressing injuries inflicted by a medical professional you entrusted to care for your overall health and well-being.
While this article is informational, share the details of your potential case with a medical malpractice attorney licensed in California. He or she can give you specific advice related to your case during your initial consultation.
Determining if a Valid Medical Malpractice Claim Exists
Filing a medical malpractice lawsuit hinges upon your ability to prove a few elements. Your first step is to show that a doctor-patient relationship existed. A relationship exists when you have hired the doctor, and he or she has agreed to treat you.
The second element you must prove is that your doctor caused your injuries. Your dissatisfaction with service is not enough to file a claim. Your physician must have violated the standard of care and caused an injury to your physical or mental health.
Proving your injuries is the third element of your medical malpractice claim. Without an injury caused by negligence, complaining to hospital administrators is almost always your only option. You can sue your doctor in California if your treatment resulted in an injury that caused:
- Changes in physical pain and motor capacity
- Mental and emotional anguish
- Medical expenses related to the new condition
- A diminished capacity to work or earn money
The easiest answer in determining whether you have a case or otherwise hinges upon a California medical malpractice attorney’s opinion. Even if you suspect medical malpractice has occurred, it does not hurt to seek professional counsel. You have a right to wholeness as permitted by law.
Types of Medical Malpractice Claims
Medical malpractice can manifest in a number of ways and lead to a wide variety of patient injuries. You have likely heard of surgeons leaving sponges in a patient’s body or doctors overprescribing medications that resulted in death. These are solid examples that create a fertile ground for a medical malpractice claim; however, they fall under different broader violation categories.
Failure to Diagnose
One of your doctor’s competencies is to diagnose an illness or condition. Medical training instructs him or her on how to test for medical issues. Medical malpractice occurs at the point when your doctor does not perform adequate testing or misreads the results.
Improper treatment allegations are apparent or obscure. Because of the elements involved, improper treatment cases get down to brass tacks. Your doctor has guidelines instructing him or her how to treat your maladies. When your doctor treats your illness in a manner that any competent doctor would, then medical malpractice has not taken place.
Failure to Educate the Patient of Risks
If you have undergone any medical treatment in the past, you may recall receiving the patient education document that informs you of all the awful things that could go wrong during the procedure. The law requires your doctor to share potential and known risks associated with the prescribed treatment. Your signature on the informed consent form is your doctor’s proof that he or she educated you. If your doctor did not properly warn you of risks and you were injured during a procedure or treatment, then you may be a victim of medical malpractice.
Speak with a California Medical Malpractice Attorney
The best way to determine if you have a case is simply by speaking with a licensed California malpractice lawyer. At Deldar Legal, we have served families throughout California during their most difficult times, including after being injured as a result of negligent medical care. You can schedule a free consultation with our office by calling (844) 335-3271 or sending us a request here.
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