How to Determine If You Have a Claim Against Your Doctor
If you have been injured in the course of your medical treatment, or you believe your doctor acted negligently, recklessly, fraudulently or maliciously, you may have a claim for compensation. This is known as a medical malpractice claim.
While many people may think they have a medical malpractice lawsuit for every mistake their doctor makes during treatment, this may not be true. The truth is, a medical malpractice case involves a number of different factors in addition to the patient getting hurt. As such, when determining whether you have a claim against your doctor, it helps to consult with an experienced attorney medical malpractice attorney.
What is Medical Malpractice?
Most doctors want the best for their patients and work diligently to provide excellent care. However, just like any other professional, doctors also make mistakes. The key in determining if the physician’s mistake or omission constitutes medical negligence is the “standard of care.” The standard of care is the accepted method used by other healthcare professionals in the area to treat for patients in similar situations.
Establishing the Standard of Care
The first step in determining whether you have a viable medical malpractice claim is to establish whether your doctor’s actions fell below the standard of care. If you or your medical malpractice attorney can prove that your doctor “breached” or failed to follow the standard of care for your specific medical problem, you may have a good medical malpractice claim.
Proving Injury or Damage
Proving that your healthcare professional was negligent is not enough to prove a medical malpractice claim. In addition, you need to prove that you were injured as a result of the breach of standard of care. In other words, unless you were harmed by your doctor’s negligence, you don’t have a medical malpractice case.
In addition, you have to prove that your injury or damage was caused by your doctor’s negligent actions. This is generally the most difficult and expensive part of any medical malpractice claim. As a general rule, proving causation involves hiring at least one expert witness to explain how the doctor’s negligence caused your injury.
Consulting an Experienced Southern California Medical Malpractice Lawyer Who Can Help
Only an experienced medical malpractice attorney can advise you regarding your rights in filing a claim against your doctor. For more information and to schedule a free consultation with an Irvine medical malpractice lawyer, call the Law Offices of Samer Habbas today at 888.848.5084.