What is medical malpractice?

It is when a medical professional falls below the standard of care treating a patient.
This involves the actions or omissions leading to injury or death. It can be committed by nurses, therapists, dentists, and other healthcare professionals.

What are the categories of medical malpractice?

They fall under three categories:

  1. The failure to make a proper diagnosis of a medical condition.
  2. The failure to treat a diagnosed condition in a proper manner.
  3. The failure to receive informed consent from a patient before conducting a treatment.

What does the failure to properly diagnose a medical condition entail?

Failing to make a correct diagnosis can lead to problems. If a competent doctor would make the proper diagnosis, the doctor likely will be liable for their mistaken diagnosis.

What is involved in the failure to treat a diagnosed condition properly?

The mistakes may be due to the doctor or other medical staff not paying attention or having a lapse in judgment. We usually bring expert witnesses to assist the team.

What is involved in a lack of informed consent?

Doctors must obtain informed consent from their patients after giving the appropriate information. This includes the risks, prognosis, and the details of what the treatment involves. What if this information is not provided? You can bring medical malpractice against the doctor.

If my doctor made a common mistake, is this considered medical malpractice?

It depends on the nature of the mistake and the results. If it was something that no competent doctor would do and results in injury or death, you likely have legal standing.

Who may be charged/sued in a medical malpractice case?

This can be hard to determine. The individual who committed an act or failed to act can be held liable. Also, the hospital may be held responsible, depending on what occurred.

Can I bring a case forward if I am not happy with the care I received?

The answer is “no” if that is your only problem. The determining factor would be if you or a loved one suffered an injury or death due to negligence or fault in care.

How long do I have to file a claim?

There is a statute of limitations in place in every state. Yet, it can be suspended to extend the time allowed after the incident occurred. It is best to consult a lawyer to check this as soon as you are able. This will prevent you from missing your chance to seek legal retribution.

What is the first step I should take to begin my case?

There are complicated questions at hand. Any legal team will need to have evidence for a solid case. Thus, gather up any evidence you have of the wrongdoing of anyone responsible for your medical care.

Who can help with my case?

You need a medical malpractice law firm. Also, you should have an expert medical witness. They can offer educated opinions on what medical malpractice is in your situation. If you are harmed by malpractice, look no further. Gharibian Law is your best choice:

  • We work with top medical experts.
  • Our team puts our client’s interests first.
  • Our client-based approach boosts your chances of success.

What evidence must be provided in such a case?

You need to prove that you entered into a doctor-patient with the doctor against who you are filing the claim. You need supporting evidence that the professional has committed negligence and a causal link between the negligence and the damage. The damages should be well-documented as soon as they occur.

Is every medical malpractice case meant to go to trial?

Some malpractice cases go to trial. Yet, it is more likely for such cases to be settled out of court.

It will my lawsuit take long?

Some lawsuits can take a while. Yet, this depends on the facts. Some cases are in a grey area. If the defendant takes responsibility and the case is settled, it can be over in a few months.

How much will it cost?

It depends. Some charge a flat fee, some contingent, and others an hourly rate. The final cost for all services varies, though there are laws in California limiting contingency fees that can be charged. If you settle quickly, it will not be too expensive.

What can I expect to receive for compensation?

We will use some guidelines to determine the value of the compensation you should receive. Non-economic damages are capped at $250,000 in California. Yet, we will base compensation on:

  • Your pain.
  • Payment of medical expenses.
  • Reimbursements for past, present, or future financial losses.

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