Medical malpractice in California happens when a doctor or other healthcare professional (technician or nurse) partakes in a wrongful or negligent act, or delivers a fraudulent action which causes an injury to a patient. A victim in a medical malpractice is the person who experiences an injury at the hand of a negligent or wrongful act of the medical professional. The victim can initiate a medical malpractice case to seek compensation for their losses. When a person sustained injuries through the action of their health care provider, they are likely to incur damages such as lost wages, medical costs, and emotional damages.
Proving an Act of Negligence
Every medical malpractice case is heard by a district court. The actual trial is similar to that of a negligent tort case. To initiate a case, you need to meet the requirements needed for a negligent tort claim. The claim, in essence, is an attempt that is taken by a plaintiff to prove an act of negligence which was the direct cause of injury or death. The elements below need to be proven to deliver a favorable settlement.
- The health care provider need to initiate a legal duty. This means that the hospital or medical staff need to accept a patient for care. They also need to perform a medical operation, provide diagnosis, or treat a patient.
- The physical duty undertaken by the medical professional must be breached or administered in a way that directly violates the standard of care.
- The breach of the said duty needs to be the cause of injury to the patient. The action needs to be considered wrongful or negligent and need to directly lead to an injury that is suffered by the patient.
- The patient must suffer from damages or tangible injuries as a result the medical professional’s actions.
Filing A Medical Malpractice Lawsuit
A medical malpractice is basically defined as negligence, the failure to act in a way that a prudent healthcare provider would do when given the same circumstance. When filing a medical malpractice lawsuit, you need to follow the following steps to make a successful claim.
Gather information about the case.
- Record appointment dates
- Doctor’s names
- Referrals to other doctors
- Bills and costs related to medical malpractice (lost wages, opportunity cost)
Follow up the investigation by obtaining the necessary documents
Hire a medical malpractice attorney to facilitate the claim
When making a claim, getting the help of a good lawyer is important. Be sure to have an experienced attorney, someone who is well-versed in the different laws and interpretations of medical laws. To do so, you can conduct interviews to gather the necessary information concerning your potential malpractice lawyer. After finding a good one, make sure to provide all essential information and copies of documents upon meeting the lawyer. By following these things, you can make a successful claim and get rightful compensation for all the damages, injuries, and losses incurred as a result of medical negligence.