California residents who believe that they are suffering the consequences of a medical professional’s negligence may consider taking legal action. However, this area of the law is very complex and determining whether you have a valid medical malpractice claim may prove to be more difficult than you thought. Will you be able to prove that a medical professional made an error that could have been prevented? Even if you are convinced that you have reason to file a lawsuit, it may be wise to consult with an attorney who is experienced in the field of medical malpractice.
Such a professional will have the resources to investigate the incident and obtain information that you may not be able to get on your own. First, the basis for a reasonable standard of care must be established. Second, there has to be a breach of this duty, and, to determine this, the standard of care and professionalism are measured against what would be expected of any competent physician with the same level of training and experience.
Next, the damage that was caused by breaching this duty must be proven. It will be asked whether the injury or damage would have come about even if no error was made by the physician or whether it was a direct result of the physician’s error or negligence. Establishing all three factors requires the aid of seasoned medical investigators who will be part of an experienced attorney’s resources. If even one of these factors is not clearly demonstrated, a medical malpractice claim will not be viable.
Although a physician is commonly named as the defendant in a medical malpractice claim, other medical caregivers who are licensed as nurses, chiropractors, psychologists or therapists, along with medical centers and hospitals may also be included in the list of defendants. As long as it can be shown that such a professional or facility caused injuries by breaching professional duty, a case can likely proceed. If you would like to learn more about how an experienced California attorney can help you with a medical malpractice claim, you visit our medical malpractice website.
Source: FindLaw, “Medical Malpractice: Background”, Dec. 15, 2014