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Elements of a Medical Malpractice Claim

Medical Malpractice attorneyMedical negligence is a stain on an otherwise selfless medical profession. Millions of patients visit their doctors each year without any problems. Doctors and other medical professionals dedicate more than 30 years of their lives studying and work long hours to treat and cure sick individuals. But the fact remains that medical negligence does happen and the consequences are life altering. If you have been injured due to the negligent actions of a medical professional, you should call a Los Angeles medical malpractice lawyer.

Proving a Medical Malpractice Claim

Medical malpractice occurs when a medical professional fails to fulfill his duties in taking care of a patient in a manner that ultimately causes an injury or harm to the patient.

In order to prove a medical malpractice claim, your Los Angele medical malpractice lawyer will need to prove four elements: duty, breach of that duty, causation and resulting damages.

Establishing a Legal Duty

The most basic element your lawyer will have to prove is that the defendant owed you a legal duty of care under the circumstances. The duty is usually defined as the kind and degree of care that an ordinary, prudent physician would provide a patient under the same or similar circumstances.

Breach of the Duty of Care

Your Los Angele medical malpractice lawyer will need to prove that your doctor failed to follow, or “breached,” this standard of care for your specific medical problem.


The third element is causation. In other words, but for your doctor’s wrongful actions or lack of actions, you would not have been harmed. Generally, to successfully prove this element, your lawyer will need to hire at least one expert witness, almost always another doctor.


Lastly, your Los Angeles medical malpractice lawyer will need to prove that the doctor’s breach of standard of care caused you some kind of harm.

Contact Us

If you or a loved one has suffered personal injuries as a result of the medical negligence of a medical professional, you should call the Law Offices of Samer Habbas at (888) 848-5048 to schedule a complimentary consultation with a Los Angele medical malpractice lawyer.