Directory Image
This website uses cookies to improve user experience. By using our website you consent to all cookies in accordance with our Privacy Policy.

Medical Malpractice and You

Author: Kahn Roven
by Kahn Roven
Posted: Jan 08, 2018

Doctors, nurses and other health care professionals have a duty to treat patients and keep them healthy. They do use their knowledge and skills to extend the best care possible. However, at times things can go wrong and the medical treatment itself may be at fault.

While health care professionals are humans too and can make mistakes, reasonable standards of medical care cannot be violated. If they are unnecessarily hasty, careless or inattentive, the results can be traumatic, life-altering and even fatal. As medical malpractice lawyers in Los Angeles, California will tell you, if gross negligence while providing medical care leads to undue injury or damages, you are legally entitled to claim damages from the health care provider.

Some of the common instances of medical malpractice include failure to diagnose, wrong diagnosis, improper or wrong treatment, unnecessary surgery, poor follow-up and so on. In such cases, you will be eligible for monetary compensation to cover the doctor fees, hospital bills, pain and suffering and wrongful death.

However, you cannot rush to file a medical malpractice claim every time you feel the treatment is not going as expected. Following are just some of the basic requirements for a valid medical malpractice case:

  • Doctor-patient relationship – It has to be clearly established that you were being treated by the said doctor or physician. Generally, medical prescriptions and bills can prove that you hired the medical professional for the treatment and he agreed to be hired.
  • Medical negligence – You have to conspicuously prove that the doctor did not provide reasonably competent, skilful or careful treatment, like any other doctor - with a similar background and in the same medical community - would have done.
  • Lead to injury and damages – The act or omission should be the direct cause of a specific harm to the patient. You cannot claim a pre-existing sickness or injury for the medical negligence. It should also lead to damages like physical pain, disability or other hardship, mental anguish, additional medical bills or loss of earning capacity.
  • Time limit – A statute of limitations is applicable for medical malpractice claims and the time period varies from state to state. Undue delays can lead to summary dismissal of the most valid of lawsuits.

Even if you have a legitimate medical malpractice claim, it may not always be viable. This is because the litigation costs can get quite expensive with expert testimonies, continuous depositions and more. Moreover, there is a limit on damage awards and the costs may often outweigh the compensation you can expect.

Therefore, it is best to consult medical malpractice lawyers in Los Angeles, California who can competently evaluate your case and advise you on whether you have a valid claim or not. They will also suggest whether it is feasible to pursue the case.

Even if you decide to go ahead, you need an expert professional on your side who can navigate the knotty legal morass that the doctors or hospital will create in their defense.

About the Author

The author is a experienced person who has a complete knowledge about personal injury and car accident law firm works.

Rate this Article
Leave a Comment
Author Thumbnail
I Agree:
Comment 
Pictures
Author: Kahn Roven

Kahn Roven

Member since: Oct 27, 2016
Published articles: 8

Related Articles