When you or a loved one is ill, hurt, or need medical attention, trust goes a long way—in fact, it stretches even beyond. We believe that medical personnel will take care of us in general. Many times, medical professionals including doctors, surgeons, nurses, and others go above and beyond to treat us and maintain our safety and health.
However, there are situations when a careless move or lack of move puts your life or the life of a family member in danger. We put our trust in medical professionals to keep us safe, but it can be difficult to tell when they have been careless or have committed medical malpractice. Contact one of our California malpractice attorneys at Regal Attorney for a risk-free, no-obligation case examination if you or a loved one suspects medical negligence.
The majority of medical mistakes are not brought on by innately bad doctors or willful medical malpractice. Medical errors frequently result from structural issues such as inefficient or inadequately coordinated treatment, a lack of safety protocols, and variances in physician practises and best practises.
Every patient must receive the greatest treatment possible, and this is the obligation of hospitals, physicians, and medical personnel. You not only trusted these people with your health, but you also trusted them with your life. Your future might be in jeopardy if they led to any additional harm or complications on top of your current condition. These medical professionals failed to act in your best interests, which is what you expected them to do, due to their carelessness and negligence. Both the suffering they have caused you and the need for you to fix their mistakes independently are not their fault.
The following are a few elements that are typically taken into account while demonstrating whether a patient has a claim for medical malpractice in California.
Relationship between patient and doctor: You must be able to prove that you are a patient of the doctor and have hired them to treat and diagnose you medically. This patient-physician relationship must have been approved by the doctor. Medical professionals are solely liable for malpractice committed while performing their duties.
Physicians have a duty of care to act in a manner that is consistent with other medical professionals working in the same setting. Professionals are required by law to provide their patients with the best level of care.
Breach of duty: When a medical professional transgresses the “duty of care,” they may be held liable for negligence for failing to respond in a way that would have been expected of them in the same circumstances.