How Do I Know If My Injury Constitutes Medical Malpractice?
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.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Medical Malpractice Articles
- Recoverable Damages
- What Is The Time Limit For Filing A Claim?
- What Are The Typical Attorney Fees For A Medical Malpractice Case?
- What Happens If I Am Injured In The Course Of Medical Treatment?
- Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- What Damages Can Be Recovered For Medical Malpractice?
- Does California Require That Claims Be Arbitrated Prior To Litigation?