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What Is Medical Malpractice?

Medical malpractice is identified as when a doctor or medical expert puts a patient through negligent actions that result in an injury or death. Negligence could come from actions, such as improper diagnosis or treatment.

Victims of medical malpractice are welcomed to contact our expert Los Angeles personal injury attorneys at West Coast Trial Lawyers. We will assess your case to determine what necessary courses of action should be taken in order to get you the justice and compensation you deserve.

To schedule a free consultation at our Los Angeles personal injury law firm, please contact our 24/7 legal team by calling (213) 927-3700 or filling out our quick contact form.

Determining Medical Malpractice

To legally qualify under medical malpractice, the claim must include:

  • Violation of the standard of care. There is a specific medical standard that medical experts must follow. Patients are given the right to expect that their doctors will make medical decisions according to those standards. If the standards have not been reached, then negligence may arise.
  • Negligence caused the injury. For a medical malpractice claim to take place, there are two requirements that need to be met:
    • The doctors must violate the standard of care.
    • The patient must show proof that their injury occurred due to the negligence of the doctor.

    If the victim fails to provide any proof that their injury was caused by decisions

    made by the doctor, there will be no case.

  • Victim suffered serious damages because of the injury. Since pursuing a medical malpractice lawsuit is very expensive, there should be a substantial amount of damages caused to pursue this case. For small cases, it is not worth it. You will spend more on the case compared to the recovery damages you may receive if you win.

Patients are expected to show injuries that led to:

  • Loss of Income
  • Emotional Distress
  • Pain and Suffering
  • Current and Future Medical Bills

Examples of Medical Malpractice 

There are various scenarios of medical malpractice that may lead to lawsuits being brought forth. These include:

  • Inability to diagnose a patient.
  • Misdiagnosing a patient.
  • Incorrectly reading lab results.
  • Intentionally ignoring lab results.
  • Incapable of properly ordering the right lab tests.
  • Failure to notice the patient’s symptoms.
  • Incorrect medication or medication dosage.
  • Errors made during surgery.
  • Lack of proper follow-up or aftercare.
  • Assigning surgeries that are not needed.
  • Not taking a patient’s medical history too seriously.

There are other scenarios where medical malpractice does not apply. These include:

  • Patient’s condition is worsening. A doctor is not held liable over a patient’s condition getting worse during their treatment course. The doctor can provide the appropriate medication or surgery for the illness the patient is going through. However, if the patient’s body is not responding, then it is not the doctor’s fault. As long as the doctor showed reasonable care towards the patient, then no medical malpractice claim can be brought against them.
  • Patient’s condition is not treatable. There are illnesses or health problems that do not have available treatments to help the patient recover. If a doctor is able to make the correct diagnosis and offers ideas on how to proceed with the patient’s care, then it is not considered as medical malpractice.

West Coast Trial Lawyers Is Here to Help

If you have lost a loved one due to negligent actions committed by another party, our expert team of Los Angeles wrongful death attorneys at West Coast Trial Lawyers will help you recover compensation for damages you have suffered. This includes medical expenses, lost wages, emotional distress, pain and suffering, and more.

Contact us today by calling (213) 927-3700 or filling out our quick contact form to schedule a free, no-obligation consultation with our knowledgeable, caring, and compassionate legal team.

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