If a person suffers an injury or dies after undergoing medical treatment, is that a sign of medical malpractice? Sometimes, it is difficult to truly know if your injuries are the result of medical malpractice. After all, sometimes bad things happen when receiving medical care. For example, an infection acquired after an operation could be an unfortunate situation or a sign of something worse.
Fortunately, a medical malpractice attorney can help determine if this type of negligence caused your injuries. They can tell if your case meets the criteria for medical malpractice according to California law. This can improve your chances of getting a favorable verdict. Moreover, the amount you receive as compensation may also depend on the merit of your case.
What is Medical Malpractice?
When a medical professional fails to provide an acceptable standard of care to their patient, they may have committed medical malpractice. In order to prove medical malpractice occurred, your lawyer will need to establish the following:
- The healthcare professional owed you a duty of care
- The healthcare professional violated the standard of care
- Their negligence led to an injury that would not have otherwise occurred
- The injury led to significant damages
Medical malpractice cases are complex and difficult to win without a lawyer on your side. That’s why you should always speak to a California medical malpractice lawyer if you suffered harm during a medical visit.
Signs of Medical Malpractice
When you go to a doctor to receive treatment for an injury or illness, you put your trust in them. When their actions cause you harm, you have a right to seek compensation. However, not every adverse outcome is the result of medical malpractice.
There are numerous signs of medical malpractice that you should look for, including:
- Failure to diagnose
- Misdiagnosis
- Wrong medication or dosage
- Lack of informed consent
- Doctor admits to a mistake
- Death or injury after a routine procedure
- Injury due to mistreatment
- Surgical error
- Low staffing resulting in neglect
Calculation of Damages
If you or someone you love suffered injury because of medical malpractice, the law is on your side. You can file a claim against the responsible medical professional or facility. If you win the case, then you may receive damages. These damages help by compensating you for losses that occurred due to your injury.
Medical malpractice damages include:
- Compensation for mental suffering and distress
- Compensation for lost earning capacity
- Compensation for lost wages
- Payment for the cost of medical expenses such as rehabilitation and long-term care
- Payment for medical bills
Cases of medical malpractice are often complicated. As such, having an experienced California medical malpractice lawyer file your claim may be the best option.
Determining whether you have a medical malpractice case will depend on many factors. You must determine the nature of the doctor’s actions and the standard of care recommended by the medical community.
Contact Our California Medical Malpractice Lawyers
At Mitchell Leeds, LLP, our California medical malpractice lawyers have extensive experience representing injured patients and families throughout California. As a former defense attorney, our principal attorney Jeff S. Mitchell knows what strategies the defense may use. This may give your case an edge in court.
Our law firm represents clients from all over California. Our offices in San Francisco, Los Angeles, and Fresno allow us to help whenever and wherever you need us. Call us today at 415-769-3400 or fill out our confidential contact form to learn more about how we can help you.
