Necessary Elements Required to Demonstrate Fault in Medical Malpractice Claims
Every medical procedure a patient undergoes is subject to medical mishaps, regardless of the level of experience the medical staff has. In spite of this, every patient should be able to expect his or her medical caregiver to perform at a certain degree of professionalism and proficiency. When a doctor or other medical staff fails to meet a reasonable standard of care, which results in the injury of the patient, that patient has the legal right to seek financial compensation for the damages received from medical malpractice/negligence.
Sustaining an injury as a result of medical malpractice can have devastating consequences to the patient as well as his or her family. If you have been injured as a result of medical malpractice, seek the support of an attorney who has experience in dealing with medical malpractice claims. As a victim, you have every right to seek compensation for your damages. This article will highlight important elements that can help defend your rights. For more information regarding your specific case matter, consult with a legal professional who can answer your questions and speak to the specifics that may apply to your individual case/incident.
Medical Malpractice Requires Negligence
The majority of all medical malpractice claims will proceed under the concept that the medical caregiver was negligent when treating his or her patient. In order to establish that negligence occurred, the injured patient will need to demonstrate the following:
- The health care provider owed a duty of care to the patient who was injured – usually by means of an established doctor-patient relationship.
- The medical professional failed to deliver a reasonable standard of care to his or her patient – the standard of care being the same as a similar physician, under similar circumstances and with a similar education would treat the patient the same way.
- There is a relationship between the breach of duty of care and the patient’s injury.
- The patient did in-fact suffer injury.
In order to demonstrate that the medical caregiver was negligent when treating the patient, it is necessary to demonstrate that his or her conduct did not meet the generally acknowledged standard of medical care. When in litigation, the injured patient will usually need to present the valid testimony of a medical expert who is qualified in the same field as the accused medical practitioner.
Obtain the Support of an Experienced Attorney
Injuries resulting from medical malpractice can be costly and could also lead to the inability to earn an income. These dilemmas can typically affect an injured person’s entire family for an extended period of time. If you have suffered as a result of a medical negligence, or have otherwise a reason to believe that you have, seek the legal expertise of a knowledgeable attorney who has experience in handling medical malpractice cases.
The attorneys at Milligan, Beswick, Levine & Knox, LLP., are dedicated to helping injured victims of medical malpractice obtain the compensation they deserve. The firm has extensive experience in handling medical malpractice cases and they are prepared to champion for your rights. Medical malpractice claims are time sensitive and require that the injured patient file a claim as soon as possible. If you have been injured, contact a professional attorney today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.