Medical malpractice cases are not as straightforward as they may sound. Many patients believe that any mistake a doctor makes calls for legal action but there are specific criteria that must be present to file a lawsuit.
So, what constitutes a case?
One key factor is the standard of care. Your healthcare provider must have acted in a way that other providers of their same skill level and knowledge would not have in the same situation. Injuries can still happen despite your doctor following the appropriate standard.
For example, some surgeries come with risks even if performed correctly, due to the nature of the operation. If the doctor explains these risks but you agree to the surgery and then suffer complications afterwards, you may not have a medical malpractice case.
Even if your provider falls below the proper standard of care, you also need to prove that their negligence or mistake was the cause of your injury. In some circumstances, you may have been injured but not because of the doctor's actions.We Will Analyze Your Situation
To truly know if you have a valid case against your healthcare provider, you need to consult with a medical malpractice attorney. The points discussed above may sound simple but they are quite complex legal issues that can be challenging to prove.
At Miller & James, LLP, we enlist the help of medical experts when we evaluate cases to gain a better understanding of the likely outcome of your case. This allows us to better recommend the best course of action for you and build an effective strategy if you have a case.
If you have lost a loved one to medical malpractice, we can help you file a wrongful death claim.
Our lawyers have over 70 years of combined experience. We have the skills and resources to assist you. To discuss your case with us, contact us online or call 619-685-0077. We are located in San Diego and serve clients in San Diego County and throughout California.
Se habla Español.