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.
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.