Healthcare providers are held to a high standard of care. They are required to provide reasonable care to their patients and act in their best interests. Sometimes, however, doctors, nurses, and other professionals can fail to meet this standard of care. This could cause patients to sustain injuries, which could be severe and life-altering.
If you fall victim to medical negligence, a medical injury lawyer could help you get the compensation you deserve for your losses. Contact a Los Angeles Personal Injury Attorney with El Dabe Ritter Trial Lawyers to learn more about your legal options after sustaining a medical injury.
Common Examples of Medical Malpractice
Medical errors can occur at any point from when you are admitted to the ER during aftercare. The first indicator you need an attorney is when you can’t determine when your injury occurred. Generally, a medical malpractice injury can happen due to the following reasons:
- Surgical errors
- Prescription errors
- Anesthesia errors
- Birth-related injury
- Hospital-acquired illnesses
- Diagnosis errors
Working with an attorney allows you to pinpoint the cause of your injury and the at-fault party.
Liability in a Medical Malpractice Case
Once you have identified how you were injured, you need to establish liability. This can be difficult to do as it involves both legal and medical matters. An attorney can help you prove fault by establishing the following four elements:
- Duty of Care
Your attorney will establish that a patient-doctor relationship exists between you and your healthcare provider. This includes proving that you sought their professional services, and they, in turn, owe you a duty of care.
- Breach of Duty
Next, your medical injury lawyer will present evidence that the healthcare provider breached this duty of care. This involves showing that they failed to act as a prudent professional would in a similar situation.
Once this breach is established, your attorney must show the connection between it and your injuries. How did the healthcare provider’s negligence cause your injury?
Finally, your attorney must prove that your injury caused you to incur economic and non-economic damages. Economic damages include medical expenses and lost income. Non-economic damages, on the other hand, include emotional distress and pain and suffering.
By now, you have everything you need to bring a claim or lawsuit against the at-fault party. However, you still need your attorney to present a successful case and win a settlement or award. They can oversee the entire process from start to finish as well as:
- File an official claim or lawsuit with the appropriate authorities
- Collect evidence and witness statements for your case
- Determine the value of your claim
- Carry out negotiations with the insurance company
- Represent you in court, if necessary
- Get you the compensation you deserve
Consult a Medical Injury Lawyer
Despite healthcare professionals being subject to a standard of care, medical errors are far too common. A doctor, nurse, or pharmacist could fail to act how a prudent professional would in the same situation. This negligence could prove detrimental to you or your loved one.
If you have been injured in a medical negligence case, don’t let the statute of limitations close you out of your settlement. Contact El Dabe Ritter right away at 888-542-6021 to talk to a Personal Injury Attorney in Los Angeles.