General Principles of Medical Malpractice

Medical malpractice claims can get quite ambiguous. Your case will fall short unless you can prove a professional duty, breach of that duty, injury caused by the breach and resulting damages.

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It is the duty of hospitals, doctors, nurses and other healthcare professionals to use their knowledge and skills to extend the best treatment to the patients. However, they may unwittingly commit or omit some actions that keep you from improving or even end up worsening your condition. This negligence could be in the diagnosis, medication, treatment or aftercare.

In such cases, you have the legal right to claim financial compensation. Unfortunately, medical malpractice law is very complicated and it is better to have medical malpractice lawyers in Los Angeles, California representing your interests.

For instance, it is not enough if you are harmed due to the carelessness of a doctor or hospital. Or if a wrong diagnosis by a physician causes a worsening in your health per se. There are certain basic requirements that dictate whether a case can qualify as a medical malpractice suit or not.

  • You should have a professional consultation with the doctor in question and they should be directly responsible for your treatment. An erroneous medical opinion given in a social setting does not amount to medical malpractice. Negligence by a consulting physician is also debatable.
  • There are certain medical standards that every healthcare professional should provide. Simply being dissatisfied with the treatment is not a valid claim. Establishing a clear violation of the standards of care is imperative.
  • Even a clear case of medical negligence is not considered valid until and unless it results in a direct harm or injury to your person. You have to prove a detrimental effect or complication resulting from the substandard care.
  • The subsequent damages are not limited to pain or disability alone. It can be ensuing hardships, suffering or loss of income too. However, they should be significant and quantifiable.

Therefore, skilled and experienced medical malpractice lawyers in Los Angeles, California can evaluate the credentials of your case and help you prove a legally valid claim.

What Goes Into A Medical Malpractice Claim?

A case of medical malpractice is duly actionable in the court of law. However, the proceedings require a qualified attorney who can appraise the merits of the case and advice you accordingly.

Healthcare professionals are duty bound to treat and nurse us back to good health. Most times, they perform their duties unflinchingly and can even manage to pull us from the clutches of death!

However, at times things do go wrong and are beyond the control of doctors and nurses who are human beings after all. But what if the person treating you has behaved carelessly or even intentionally shirked his duty and caused you harm?

medical malpractice lawyersThe best recourse in such cases is to consult medical malpractice lawyers in Los Angeles, California.

Indeed, medical negligence such as a wrong diagnosis, improper treatment or even lack of necessary follow-up and care is considered a legal wrong. The healthcare professional becomes liable to pay damages for the injury, harm, loss and suffering.

However, many loopholes can arise in the legal proceedings. For instance, it is essential that an explicit doctor-patient relationship should exist between the defendant and plaintiff. Going further, there are specific conditions that determine whether the medical negligence is admissible or not.

This is why you need skilled and experienced medical malpractice lawyers in Los Angeles, California like Kahn Roven LLP (www.kahnroven.com). Your attorney will first determine the nature of your interaction with the healthcare professional before considering the features of the misconduct or neglect. You will gain valuable insight into whether the medical error has actually violated the normal standards of care and also if it truly caused an injury, damage or other harm.

Not only this, your attorney will evaluate the available evidence and other characteristics of the situation to establish the monetary value of the case vis-à-vis the cost of legal proceedings. Accordingly, he or she will recommend whether it makes sense to file a medical malpractice claim or not. You will get a fair idea of the chances of recovery as well.

Hence, you are in the best position to decide how to proceed…..

Why You Need A Medical Malpractice Attorney?

A medical malpractice lawyer will safeguard your interests and improve your odds of getting a fair and reasonable compensation for the neglect and suffering during your medical treatment.

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Any kind of gross negligence when providing medical care can turn detrimental to your health and well being. And when a healthcare professional – carelessly or purposely – violates the standards of medical care, you have the legal right to claim compensation from the doctor or hospital that is at fault.

However, things can get quite complicated and it is always better to maintain skilled and qualified legal representation in the form of medical malpractice lawyers in Los Angeles, California.

Following are just some of the reasons why you need a professional attorney:

Evaluate your claim – A qualified attorney will be able to assess the merits of your case and estimate how much the claim will be worth. He can negotiate with the other party accordingly and judge whether a settlement amount is undervalued or acceptable.

Understand the legal process – There’s much more to a medical malpractice claim than negotiating the settlement. The right attorney will be familiar with the legal procedures such as forms, documents and limitation rules involved in personal injury litigations.

Go to trial – An attorney not only improves your odds of getting an equitable settlement, but he can also judge whether the case should go to trial in case the negotiations are not working out as expected. He will be prepared to go to court on your behalf.

Moreover, professional medical malpractice lawyers in Los Angeles, California like KahnRoven LLP (www.kahnroven.com) work on a contingency basis and you do not have to pay them a single dollar until they manage to secure a reasonable settlement or verdict. This arrangement itself motivates the attorneys to win a solid compensation for your case as quickly as possible.