What is medical negligence?
The laws governing medical malpractice are complex and vary from state to state. So, if you feel that negligence during the course of treatment on the part of a medical professional has resulted in injury to you or a family member, understanding medical malpractice and the general principles and rules that apply to these types of cases is important before deciding whether or not to bring a lawsuit.
Proving medical negligence is a difficult and often complicated task. You may be unhappy or dissatisfied with your treatment or its outcomes, but, in order to sue for malpractice, you need to be able to prove that your doctor(s) breached the “standard of care” which is the accepted method of treatment that is applied by other medical professionals in the area to patients with identical or similar conditions to yours. This can vary based on a number of factors, including the age of the patient, geographic area, and the medical condition itself.
Medically negligent acts can include misdiagnosis or failure to diagnose, improperly administered medical treatments, or administering the wrong medical treatment. In order to file a lawsuit claiming medical negligence, you must be able to prove that your injuries were a direct result of a negligent act on the part of a medical professional. This is referred to as an affidavit and evidence that proves that negligence was the cause of your injury can include:
- Test results
- Medical records and receipts
- Photos of your injuries
- Doctor’s notes
- Correspondence received from your hospital or health care provider
- Diagnostic information
- Personal log entries regarding your medical history and treatment
An expert(s) with qualifications in the same or similar medical field is often required to give expert medical testimony or affidavit in cases involving medical negligence.
Are you a victim?
People who have been victims of medical negligence often suffer from the lasting effects of these medical mistakes. Because medical malpractice law is extremely regulated, it’s critical to the success of your case that you secure legal representation from an attorney that specializes and has experience in litigating medical malpractice cases.
Your attorney will review all the information available that pertains to your case — test results, medical records, etc– as well as the doctors’ claims concerning the circumstances surrounding your injury. Additionally, your attorney will contact one or more expert witnesses who are medical professionals to analyze your case in order to help determine whether or not medical negligence resulted in your injury.
Understanding your rights
Scott S. Harris, Medical Malpractice Attorney in San Diego, has more than 30 years of experience in the area of medical malpractice. If you or a family member has been left injured as a result of negligence on the part of a doctor or other healthcare professional, Mr. Harris will discuss the facts about medical negligence in general and how they apply specifically to your case at your free initial consultation.
Call our office to schedule your consultation for legal assistance with your medical malpractice claim.