Medical and Dental
Malpractice
Unfortunately, doctors, dentists and other
medical personnel, like everyone else, make mistakes. If a
patient is damaged by the medical
provider's mistake, the patient may have a claim for medical or dental
malpractice.
Medical mistakes kill or disable roughly 98,000 people every year.
Types of malpractice claims include improper or delayed diagnosis,
improper care or procedures, and lack of informed consent.
How Do You Establish
Medical Malpractice?
It can be very difficult to win a
medical malpractice case. Just because a positive result was not
achieved doesn't mean that the medical provider committed
malpractice. Unfortunately, medicine is not an exact
science and the "best result" is not always achieved.
To win a malpractice case against a medical
provider is must be shown that the medical provider "fell below the
standard of care" or, in other words, that the medical provider failed
to use the ordinary skill and
care that would be used by other medical providers handling a similar
problem
or case under similar circumstances in that community. To win a
malpractice case against a medical provider under a negligence theory,
the following must be also proven:
-
duty -- that the medical provider owed
the client
a a duty to act properly. This is established by the existence of
an doctor-patient relationship.
-
breach -- that the medical provider
failed to use
ordinary skill and care that would be used by other such medical
providers in that community.
-
causation -- that the medical provider's
conduct
caused damages to the patient.
-
damages -- that the patient suffered
losses as a result.
What To Do If You
Suspect Medical Malpractice......
If you suspect that your medical provider committed malpractice, you
should start by asking him or her
questions. Why did the questioned result occur? What went
wrong and why? Is the result a known risk of the process?
If the answers do not
make sense or if you have suspicions, then you should seek a second
opinion from another medical provider in the same field. Only
another medical provider can testify and establish medical negligence
and that second opinion is critical. Of course, you should also
consult an experienced attorney in this area who can assist you in
evaluating your case and obtaining a second opinion.
Remember That Time Is
Of
The Essence...
You should not delay in speaking with a lawyer if you are think that
your medical provider committed malpractice. A successful case
must
be
investigated immediately. Evidence must be preserved.
Additionally, the
law provides certain time limitations in which action must be taken. If
the required action is not taken within that time, your case will be
lost forever!
Contact Us Today at (310)
578-9777
for a Free Consultation!
Don't Delay!
Any delay in contacting a lawyer can damage your case!
Contact
us
for more info
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