To prove that medical malpractice occurred, you must be able to show all of these things:
A Doctor-Patient Relationship Existed
You must show that you had a physician-patient relationship with the doctor you are using — this means you hired the doctor and the doctor agreed to be hired. For example, you can’t sue a doctor you overheard advising a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed.
The Doctor Was Negligent
Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have.
The Doctor’s Negligence Caused the Injury
Because many malpractice cases involve patients who were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor’s negligence caused the death rather than cancer. The patient must show that it is “more likely than not” that the doctor’s incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor’s negligence caused the injury.
The Injury Led to Specific Damages
Even if it is clear that the doctor performed below the expected standards in his or her field, the patient can’t sue for malpractice if the patient didn’t suffer any harm. Here are examples of the types of harm patients can sue for:
Physical pain
Mental anguish
Additional medical bills, and
Lost work and lost earning capacity
Learn more about the requirements of a Medical Negligence Attorneys
Common Types of Medical Malpractice
A wide variety of situations can lead to a medical malpractice claim — from a doctor leaving a sponge in a patient’s stomach during an operation to failing to tell a patient that a prescribed drug might cause heart failure. Most medical malpractice claims fall into one of these categories:
Failure to Diagnose
If a competent doctor had discovered the patient’s illness or made a different diagnosis, which in turn would have led to a better outcome than the one achieved, then the patient may have a viable medical malpractice claim.
Improper Treatment
If a doctor treats the patient in a way that no other competent doctor would, the patient could have a medical malpractice claim. In a similar vein, it may also be malpractice if the doctor selects the appropriate treatment but administers it incompetently.
Failure to Warn a Patient of Known Risks
Doctors must warn patients of known risks of a procedure or course of treatment — this is known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure.
When you need a Los Angeles Top Medical Malpractice Attorney, you can contact us for an initial consultation of your case by clicking here or calling 818-995-8787 or 800-924-3784