Healthcare professionals are legally mandated to provide their patients with reasonable medical care. If a doctor, hospital, nurse, or other healthcare provider breaches this duty, they could cause an injury to a patient. The breach, which constitutes medical malpractice, could be an act of omission or negligence in terms of medication, diagnosis, treatment, or aftercare.
If you get injured by a healthcare professional, you can file a personal injury medical negligence claim. The Huntington Beach Personal Injury Lawyers at El Dabe Ritter Trial Lawyers can help you seek compensation from the liable parties.
Medical Malpractice Law
Medical negligence that causes injury is an offense. It can make the at-fault party liable for damages suffered by the victim. That said, for an action to be considered medical malpractice under the law, it must satisfy the following elements:
- Breach of Duty — A healthcare provider is expected to maintain a certain standard of care that a prudent professional would observe under similar circumstances. You must prove that a healthcare professional failed to deliver care consistent with this standard.
- Causation — Next, you must show that the professional’s breach of duty resulted in you sustaining an injury.
- Damage — Finally, you must show that you suffered significant damages from the injury.
Examples of Medical Negligence Injuries
Any injury caused by a healthcare professional can be considered medical malpractice. However, some injuries are more common than others, including:
A birth-related injury is any injury suffered by the mother or infant during the delivery process. It can happen as a result of improper care of the mother or infant after delivery. In most cases, it occurs due to:
- Delayed labor
- Improper use of delivery assistance tools
- Failure to administer labor-inducing drugs when necessary
- Failure to initiate a C-Section in time
A lot could go wrong during a surgical procedure if a surgeon is negligent. For instance, you could have the wrong limb amputated or contract an infection. Typically, surgical errors include improper use of anesthesia, tools, or techniques.
Prescription-related injuries occur when you receive a wrong prescription or dosage. They can happen in a hospital, clinic, doctor’s office, or pharmacy. In some cases, prescription errors occur when a healthcare professional prescribes you medication that conflicts with your current prescriptions.
A doctor is required to use all the available resources to properly diagnose a patient’s medical condition. If the resources are insufficient, they should refer the patient to a specialist. Failing to do so could lead to a misdiagnosis, which can have far-reaching consequences on the patient.
Usually, a hospital is sterile, clean, and safe. However, they can be maintained in unsanitary conditions that could cause patients to contract infections such as pneumonia, MRSA, or staph infections.
Contact a Huntington Beach Personal Injury Lawyer
Medical malpractice can be difficult to detect on your own. This is mostly because you trust your healthcare provider to act in your best interest. However, if you suspect your injury was caused by medical negligence, you should immediately talk to a personal injury attorney.
We are familiar with medical malpractice laws in the state. You don’t have to navigate a personal injury medical negligence case alone. Contact us at 888-542-6021 to discuss your case with experienced Huntington Beach Personal Injury Lawyers at El Dabe Ritter Trial Lawyers.