There are times when a medical professional’s negligence is so severe that it causes death or permanent injury. If this has happened to you or a loved one, you may pursue a claim for compensation.
Malpractice cases typically involve allegations of injuries caused by medical errors or a doctor’s failure to provide treatment that meets the standard of care in a particular situation. The standard of care is defined as the level of skill, knowledge and care that a reasonably careful physician with comparable training would use under similar circumstances.
Proving a medical malpractice case is challenging and requires substantial medical evidence. It also involves expert witness testimony to support the case. It is important to understand that medical malpractice cases are complex and technical, and you should be prepared for a lengthy legal battle.
The most significant element of a CA Medical Malpractice case is proving that the health care provider breached their duty of care and this breach directly caused you to suffer an injury or aggravate your existing condition. Countless doctors do things that breach the standard of care on a daily basis; however, to have a medical malpractice case you must be able to show that this lapse in judgment or error directly caused you to experience direct, tangible, objective harm.
Some examples of medical malpractice include a surgeon mistakingly removes your gall bladder instead of your hernia, a physician fails to properly place a cast on a broken leg, or an obstetrician injures the mother during childbirth resulting in Erb’s Palsy. Other examples of medical malpractice are the improper use of medication, such as an allergic reaction to anesthesia or the wrong dose of a drug, and the failure to properly maintain or test equipment.
If you have been harmed by the negligent actions of a healthcare worker, we will determine who is liable for your injury and help you obtain maximum compensation. We will work with medical experts to strengthen your case and demonstrate that the healthcare worker’s actions fell below the expected standard of care.
It is not uncommon for medical malpractice lawsuits to span years and require a considerable amount of time, energy and resources. This includes extensive review of your medical records, interviews with medical and/or legal experts, and research into the medical literature.
In most cases, the vast majority of medical malpractice lawsuits settle before they ever reach a trial. However, this does not mean that you do not have a strong case. We believe that the prevailing medical and legal system should be evaluated to make it more efficient and fair for all parties. For example, alternatives to litigation such as arbitration have been proposed in order to reduce costs, expedite the handling of negligence claims, eliminate overly generous juries and screen out nonmeritorious claims. However, these alternatives do not address the fundamental problems with the current liability system. Regardless of whether the case is resolved through litigation or settled out of court, we will fight for your rights and interests.
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