When doctors fail to perform their medical duties, either because of human error or negligence, patients have a right to demand compensation because their physician failed to meet the applicable standard of care. Patients should inform the doctor that they wish to file a medical malpractice lawsuit
and this is one of the first steps of a personal injury trial.
In order to prove medical malpractice injuries
, plaintiffs need to understand the elements of negligence in these types of cases. Our Los Angeles personal injury attorneys
can give you information on how to meet the basic requirements for a personal injury claim and can help you with legal representation.
The elements of negligence in medical malpractice cases
Most personal injury cases involving medical malpractice
are based on showing that the doctor was negligent. For this to be plausible, the plaintiff needs to show that a doctor-patient relationship existed and that the said physician had a clear duty of care.
In order to establish negligence, victims should prove the following:
- the medical professional had a relationship with the patient and a duty of care a duty of care;
- the doctor breached that duty of care (he deviated from the standard of care);
- the health of the patient was directly influenced by the said deviation from the standard;
- the injuries have affected the patient’s quality of life.
Just because the treatment result is not the one you have hoped for does not mean that you have a personal injury case involving medical malpractice. It should be very clear that the doctor was negligent
. A Los Angeles personal injury attorney
can help evaluate your case and help you move forward with your claim.
Medical malpractice cases in California
Cross-testimonies from other physicians as well as an evaluation from an expert witness can be used as evidence in proving medical malpractice cases. Plaintiffs should know that the State of California imposes a limit on the medical malpractice settlements.
These types of cases are often treated with special consideration and getting help from one of our Los Angeles personal injury attorneys
can be useful, especially because knowledge of the applicable laws and regulations is needed. For more information on the medical malpractice laws in California please do not hesitate to contact us