Resource Library

Free Online Legal Resources

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.

Speak to an Experienced Medical Malpractice Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.

Additional Medical Malpractice Articles

Search LawInfo's Medical Malpractice Resources

Find an Attorney in Your Area

Featured California Medical Malpractice Law Firm

Law Offices of Joel H. Siegal

Have You Been Injured At No Fault Of Your Own?
You Need An Attorney With Over 25 Years of Experience
Helping the Injured Recover Their Losses. Representing Clients Throughout California

Captcha Image

Related Medical Malpractice Issues