Medical Malpractice Attorney in Santa Clarita
Injured By a Negligent Medical Professional in SCV?
If you suffered injuries after receiving treatment from a medical professional, you may be wondering whether you have grounds to file a medical malpractice claim. Because the field of medical malpractice law is so complex, it can be especially difficult to navigate this process. If you have questions or would like to discuss your case with a legal professional, get in touch with our Santa Clarita medical malpractice lawyers.
Our firm handles all types of medical malpractice cases, including:
- Anesthesia errors
- Birth injuries
- Plastic surgery errors
- Prescription drug errors
- Surgical errors
At The Law Offices of Gerald L. Marcus, we have over 30 years of experience and have won more than $200 million for our clients. Call (800) 905-8777 for a FREE consultation.
What Is Medical Malpractice?
In legal terms, medical malpractice is a form of professional negligence committed by a trained medical provider. Medical malpractice is branch of personal injury and tort law but it has a higher standard of care for those under its jurisdiction, making them liable for any injuries that result from subpar treatment. Deviations from those standards either because of carelessness or recklessness warrant civil action for compensation.
In any state in America, there is the danger of medical malpractice. A medical malpractice claim can be any sort of claim where a doctor, nurse, or medical staff person failed to provide care that was expected or necessary to a person in need. Medical malpractice cases also entail cases where unnecessary procedures were performed, a condition was misdiagnosed, or a person was harmed by a faulty surgery.
What Is the "Standard of Care" for Medical Professionals?
In other areas of personal injury law, it is the state that determines the established standard of care. However, because medical malpractice is a specific form of professional negligence, the standard of care is determined by the medical community. The standard is not determined by outstanding care or even whether the professional did everything they could have. Rather, the comparison is whether any reasonable medical professional with similar training, expertise, and in similar circumstances would have acted differently.
What Is Informed Consent?
When a patient is treated, the doctor and/or nurses are required to explain the procedure or treatment and any possible risks that may be associated with it. This is to inform the patient of any risks ahead of time so that they can opt out of the procedure if they believe the risk is too high. If the doctor fails to establish informed consent, and the patient suffers injury from the procedure, the patient may have grounds to sue.
How Do I Know If I Have a Medical Malpractice Case?
There are three main elements of proof in any medical malpractice claim. If you are wondering whether your injuries were caused by medical negligence, consider these three things:
- First, there must be an established relationship between you and the doctor. This would establish that the doctor or medical professional had a duty to provide a reasonable standard of care.
- Secondly, the doctor must have deviated from that duty, which is known as a breach of duty.
- Lastly, the breach of duty must be the direct cause of your injuries. In other words, if you believe that a doctor made a mistake while treating you, that mistake must have caused your injuries.
If your situation seems to fit this description, you may have grounds for a medical malpractice claim; however, you should consult with a Santa Clarita medical malpractice lawyer at The Law Offices of Gerald L. Marcus to discuss the facts of your case.
Who Can Be Liable for Medical Malpractice?
The legal concept of medical malpractice extends beyond the sphere of doctors. Nurses, medical technicians, specialists, pharmacists, and physical therapists are some examples of other medical professionals who can be sued for medical malpractice. Furthermore, special cases may even warrant larger scale action against the hospital, medical facility, or even the pharmaceutical company whose negligence led to the injuries.
Get Started on Your Case with a Free Consultation
If you are a victim of medical negligence, please don't hesitate to contact a medical malpractice attorney at The Law Offices of Gerald L. Marcus for more information. Our firm has secured more than $200 million in verdicts and settlements for our clients and has more than 30+ years of experience. With creativity and hard work, we may be able to develop a case that we can bring to The Medical Board of California on your behalf.
Call (661) 752-5905 for your FREE initial consultation.
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