Medical malpractice is when a doctor or medical expert performs a negligent act that causes the patient to get injured or killed. Common forms of negligence that may stem from such treatment include the following: improper diagnosis or incorrect medication prescription. Patients who are victims of medical malpractice are given a statute of limitations of one year starting from the date of discovery or three years from the initial date of when the incident occurred to file a claim.
Determining medical malpractice can be quite complex. You will need to have your medical malpractice lawyer assess your case to detect any acts of suspicious activity performed by the medical expert that ultimately resulted in you being harmed or injured. In order for your case to qualify under medical malpractice, you will need to include the following as evidence in your claim: there was a violation of the standard of care, the medical expert’s negligence caused your injury, and you suffered serious damages because of your injury.
There is a specific medical standard that medical experts must follow. Patients are given the right to expect that their doctors will make decisions according to those standards. If the standards have not been reached, then negligence may arise.
To bring forth a medical malpractice claim, you will need to have proof that the doctor violated the standard of care and how it got you injured. You will need to gather evidence of what decision(s) your doctor made and what type of injury you suffered because of it. If you are unable to show proof of your doctor’s negligence, there will be no case to move forward with.
Pursuing a medical malpractice lawsuit can be expensive, which is why you should consider taking legal action if it will help cover a high number of damages you have sustained from the incident. For small cases, it is not worth it. You will spend more on the case compared to the recovery damages you may receive if you win.
Medical malpractice lawsuits can be caused by one or more acts of negligence performed by a medical expert. Any injuries or deaths resulting from such actions can grant eligibility for the victim or the victim’s family to file a lawsuit to recover damages. To get an idea on what situations can fall under medical malpractice, we have provided a list of examples below.
There have been cases where a victim has believed that their situation qualified them to file a claim for medical malpractice, however, it did not relate with any of the actions listed above. This includes the following:
Although West Coast Trial Lawyers does not offer legal services for medical malpractice, we do have a network of qualified medical malpractice lawyers we will connect you with for assistance. To get you referred to a medical malpractice lawyer, you may contact us by calling 213-927-3700 or completing our online contact form located on the right side of the page.