At its core, a California medical malpractice claim is similar to any other claim alleging that a person has acted negligently. The plaintiff must show that the defendant had a duty to care for their well-being and that this responsibility was violated in such a way as that the plaintiff was injured.
However, medical malpractice claims are, by their nature, more complex since much of the evidence requires an expert doctor to corroborate and explain to the jury.
Escondido medical malpractice lawyers possess both the knowledge of the law and the connections in the medical community necessary to prosecute these claims. Skilled negligence attorneys assist individuals to obtain the fair compensation that they deserve due to their doctor’s mistakes.
Legal Definition of Medical Malpractice
It is clear that all medical providers have a duty to treat their patients with appropriate care. But when does a mistake become so egregious as to be classified as malpractice?
California Civil Jury Instruction 501 defines malpractice as when a provider “…fails to use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful providers would use in the same or similar circumstances…”
In short, this means that the care provided fell below that should be expected as average in the surrounding medical community. Examples of this can include:
- A failure to timely diagnose a condition
- A surgery that was incorrectly performed
- A misdiagnosis that lead to improper treatment plans
- Improper preventative card
Unlike many other states, California does not require that an expert’s opinion be attached to the initial complaint in the lawsuit, making the filing of a claim simpler. However, in order to properly present this evidence to a jury, a doctor will certainly be needed to testify as an expert witness.
Serious Consequences of Medical Malpractice
Many instances of medical malpractice can lead to an exacerbation of an already serious condition, or even death. Something as simple as prescribing a medication that will have an adverse effect on a person’s health or the improper setting of a broken bone can have severe consequences. Even more complex issues such as a failure to diagnose a critical disease, or ordering improper tests for the purpose of evaluation can lead to a quick downturn in a patient’s health as important care is withheld due to a lack of a proper diagnosis.
The potential consequences of this malpractice are varied. They can be something as straightforward as an allergic reaction to a medication that requires hospitalization, or as severe as something that requires additional surgery or results in the loss of a limb, paralysis or even death. As a result, it is important to consult with an independent medical expert in order to obtain a true picture of the case.
Escondido medical malpractice attorneys have many connections in the medical community to not only evaluate potential cases, but to also pursue them with vigor.
Who is Liable in a Malpractice Case
There may also be multiple named defendants in these cases. In situations where the negligent doctor is a private practitioner, the defendant is fairly obvious. But in situations where a person spends multiple days in a hospital, it can be difficult to determine exactly where the malpractice occurred. In these situations, any number of doctors, nurses or even the hospital itself may be liable.
Skilled Escondido malpractice attorneys work with medical experts to determine all potential plaintiffs in medical malpractice cases.
Consult with an Escondido Medical Malpractice Attorney Today
Whether a person has suffered from malpractice from a private doctor, a hospital, or even a dentist, Escondido medical malpractice attorneys are here to help. They evaluate the case with qualified experts to determine not only the extent of the malpractice but who is responsible. They then aggressively pursue individuals’ cases to obtain the compensation that they deserve. Contact today.