Have you been injured by medical malpractice? Here are a few things you should know before you try to seek compensation for your losses:
- Only the patient can claim malpractice – You can’t make a malpractice claim against a doctor you haven’t seen (even if your doctor consulted with someone else, which contributed to the problem).
- There is a minimum standard of care – Your medical staff doesn’t have to be flawless. There is some leeway, so malpractice is about more than you not being happy with a doctor.
- There has to be direct cause – In other words, you can’t hold a practitioner responsible for damage caused by your illness. It’s not the doctor’s fault that you became ill in the first place.
- You must be able to prove damages – If things are handled poorly but you eventually make a full recovery and you don’t lose out on income or other factors due to the negligence, there’s really nothing to claim. You have to have lost something in order to be eligible for compensation. Losses can include physical harm (e.g., the wrong limb gets amputated), lost wages (e.g., you can’t work for a time due to the malpractice), increased medical expenses due to the mistake, pain and suffering (e.g., it affects your relationship with your mate), or some other tangible damages.
Southern California’s Personal Injury Experts
Petrov Law Firm has the experienced personal injury attorneys that you want on your side when you need to be compensated for losses. To get the legal assistance you need, contact us today by calling our San Diego office at 619-344-0360.Read More
If you believe you have suffered a personal injury at the hands of a medical professional, malpractice may be involved. How can you know if you deserve compensation from the practitioner or facility where you were treated? Here are 4 requirements for a medical malpractice claim.
- You did not receive the proper standard of care – You can’t just be unhappy with the practitioner. You must be able to show that a minimum standard was not met. Doctors and other medical staff are not legally required to be perfect, so a degree of negligence must be involved.
- Your injury was caused by the practitioner – The medical staff is not responsible for illness or injuries that you suffered before seeking assistance. However, if the practitioner causes harm due to negligence, malpractice may be involved.
- You are a patient of the doctor – You can’t claim malpractice against another physician that your doctor may have consulted with. Only a doctor that you see as a patient can be guilty of malpractice.
- You must have suffered injury, damages, or losses – You can’t just be mad at your doctor for the way things were handled. Maybe you got a misdiagnosis, but if you later got the correct one, were treated properly, and suffered no losses, it’s not malpractice. You must have suffered harm, lost work, experienced increased medical bills, and so forth.
Personal Injury Attorneys in Southern California
For more personal injury advice, continue to read our blog on a weekly basis. To obtain the legal support that you need in the San Diego Area, call the Petrov Law Firm today at 619-344-0360.Read More