How Do I Know If My Injury Constitutes Medical Malpractice?

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How Do I Know If My Injury Constitutes Medical Malpractice?

Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are expected to exercise the basic knowledge, skills, and care ordinarily possessed and exercised by other members of the profession acting under similar conditions and circumstances. This basic knowledge and skill is called a standard of practice, or standard of care. When a medical professional treats a patient and fails to use this basic knowledge, skill, and care whether the failure consists of doing something incorrectly, or failing to do something that should be done, that failure is a deviation from the standard of practice or care.

The injured party must first prove that the health care provider fell below the standard of care for similar health care providers in California. That means the health care provider failed to act as a reasonable and prudent health care provider in California would under similar circumstances. The injured patient must then prove that the health care provider`s breach of the standard of care was a proximate cause of the injuries to the patient. Expert testimony is generally required to establish a breach of the standard of care, unless negligence can be inferred by the facts.

It is important to note that medical malpractice claims are very difficult to prevail in. In California, 9 out of 10 jury verdicts are in favor of the doctor. These types of actions are also extremely expensive partly due to the need for qualified expert review and testimony. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.

Other California Medical Malpractice FAQs

Q: Recoverable Damages
A: In the event of injury or loss of a loved one based on the conduct of his/her medical provider(s), that person and his/her family have certain rights under California … More
Q: What Is The Time Limit For Filing A Claim?
A: A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years … More
Q: What Are The Typical Attorney Fees For A Medical Malpractice Case?
A: Contingency fee agreements are agreements that an attorney has with his or her client regarding the payment of the attorney fees. It is not based on the usual hourly … More
Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In … More
Q: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation or institution licensed by the … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: What Damages Can Be Recovered For Medical Malpractice?
A: You can recover your actual economic losses such as the costs of reasonable and necessary medical care, rehabilitation services, custodial care, and loss of earnings. … More
Q: Does California Require That Claims Be Arbitrated Prior To Litigation?
A: California does not require claims of medical malpractice be arbitrated absent the parties` agreement to arbitrate. Many hospitals and doctors have patients sign an … More