Every year, there are many cases of medical malpractice committed by healthcare providers. Any individual or medical team found responsible for such acts may be held accountable for their actions. Gharibian Law is the right choice to do so. We are the best medical malpractice law firm in LA.
Definition of Medical Malpractice
Broadly, medical malpractice occurs when a medical provider treats a patient below the standards they agreed to uphold. Yet, legally, it is only malpractice if a patient is harmed due to the failure.
The medical standard of care’s is hard to prove. It is up to the attorney to prove that the defendant did not provide the patient with adequate treatment. This is a deeply specific law area that must be trusted to an expert. You need the best medical malpractice attorney in Los Angeles fighting for you.
Now, how can you set the specific standard of medical malpractice? Think of the level and type of care that a “competent health care professional” with similar field training would have provided. Often, an expert medical witness makes a difference in these cases. They can testify about the standard of care and examine the defendant’s conduct to show it fell below it. We have worked in many of these cases with top experts as witnesses.
Different Types of Medical Malpractice
Every medical malpractice case is a universe. Each situation must be examined differently. Thus, it can be hard to prove that there was any wrongdoing.
These are just some of the medical malpractice cases we handle at Gharibian Law.
Patients should decide on the treatment they would like to receive. A vital part of this is that doctors should give adequate details about treatment. This helps patients make informed decisions. If a doctor does not gain consent, they may be held accountable for committing medical malpractice.
What if a doctor disagrees with a patient on the ideal course? The patient’s wishes still determine the matter. Doctors have the right to express their educated opinion and any research about the particular treatment. Yet, they cannot go against the patient’s wishes. The patient can request a different treatment or even refuse it. The reasons can include the person’s religion and moral beliefs, among others.
A doctor can get into legal trouble if they go ahead with the treatment that the patient refused. What if the patient’s health improved? It does not matter. The law will view this as medical malpractice.
Doctors must describe all the crucial details to patients.
- Chances of success
- Potential risks
- Details of the procedure
The key for it to fall under this category is that the patient did not give informed consent. An exception is when there is an emergency. Here, the doctor must take immediate action to save the patient. Another exception is when the patient cannot provide informed consent and would do so if they could.
Mistakes during treatment can be obvious or more subtle. There are clear cases where the doctor made a lapse in judgment or was not paying attention. One extreme case is when the wrong leg or arm is amputated.
An example of a case that depends on the footing is when someone has back surgery. Yet, the person still has pain several months later. Without further inquiry, they do not know if this is a result of a mistake in treatment.
Again, expert testimony from another doctor (preferably in the relevant field) is valuable. We work with doctors that review records and provide an opinion about potential malpractice. This helps us stand out as medical malpractice attorneys in Los Angeles.
An improper diagnosis can be as harmful as a mistake during surgery or treatment. If competent doctors had made a different diagnosis and harms the patient, they might be able to charge with malpractice.
The doctor is made liable for any harm resulting from their improper diagnosis. Suppose a patient dies after the diagnosis. What happens if no treatment is administered? The doctor might be liable if the patient would not have died with a proper diagnosis. What if there is evidence that the patient would have still died with the correct diagnosis? Then, the doctor most likely would not be held accountable.
What the Law Can Do for Victims of Medical Malpractice
Our job is to review the facts of any case in detail with experts in the field. Our client-based approach works perfectly with the help of medical witnesses. We work tirelessly to see if the client can seek charges against the professionals in question.
The medical malpractice attorneys at the Gharibian Law Firm are esteemed legal professionals. We are all dedicated to building trust with our clients about the matters at hand. We are here to protect your loved ones’ rights.
With the right evidence and the top lawyers by your side, you stand a great chance at winning your case. We are the best malpractice law firm in Glendale, CA.
Were you harmed by malpractice? We want to make justice for you. The lawyers at Gharibian Law will give your case full attention. Your situation is already rough, so we want to improve it, not to add more difficulties. We will handle everything for you. Contact us at 888.288.0091 to find out how we can assist you today.