Elements of an Orange County Medical Malpractice Action – Part 1

Medical Malpractice AttorneyMedical malpractice is a form of negligence. An Orange County medical malpractice action is taken against a health care professional. Most commonly, the professional who is targeted in a medical malpractice action is a doctor or physician, but such an action can also be taken against a nurse or a physician’s assistant, or anyone involved in providing medical care to patients.

There are four elements of a medical malpractice action that you and your Orange County medical malpractice lawyer must prove:

– Duty

– Breach

– Causation

– Damages

A doctor has a “duty” to meet the applicable “standard of care,” meaning that he or she must show the same level of skill that is usually found in his or her profession. Generally, this duty arises when a doctor-patient relationship is formed, such as when a physician agrees to treat a patient. In some situations, however, a person or entity may have a duty to meet the applicable standard of care based on circumstances other than a doctor-patient relationship.

For example, some jurisdictions require that a hospital provide care to anyone in a medical emergency. If a person’s medical emergency requires treatment beyond a doctor’s capabilities, the doctor has a duty to refer or transport the injured person to another facility that can care for him or her.

A “breach” is established in an Orange County medical malpractice action when a medical professional fails to meet this required standard of care. If a medical professional does not have the knowledge and skills of a competent health care provider, or if a medical professional does not exercise care in the application of that skill and knowledge, he or she has breached the duty between a physician and a patient.

For more information about causation and damages, see Elements of an Orange County Medical Malpractice Action, Part 2. If you have been injured due to medical negligence and you want to know if your case meets these four elements, please contact Orange County medical malpractice lawyer Samer Habbas for a free, no-obligation case evaluation by calling (888) 848-5084.

Samer Habbas is a California attorney with over 18 years of experience in personal injury law. Throughout his career, he has successfully recovered over $300 million for his clients, solidifying his reputation as a leading advocate in the field.

Samer swiftly gained recognition for his adept negotiation skills and unwavering dedication to his clients. His practice spans a wide range of personal injury cases, including car accidents, dog bites, funeral home abuse, premises liability, and wrongful death.

Samer is known for his compassionate approach and commitment to securing favorable outcomes for his clients. His expertise has earned him the trust and respect of both his clients and his peers within the legal community. He is also deeply invested in giving back to his community. He actively participates in pro bono work and volunteers his time to various charitable organizations. Samer is a champion for those who have been wronged, leveraging his extensive experience and expertise to make a meaningful difference in the lives of his clients and his community.

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