To prove that medical malpractice occurred, you must be able to show all of these things:
A Doctor-Patient Relationship Existed
You must show that you had a physician-patient relationship
with the doctor you are using -- this means you hired the doctor and the doctor
agreed to be hired. For example, you can't sue a doctor you overheard giving
advice at a cocktail party. If a doctor began seeing you and treating you, it
is easy to prove a physician-patient relationship existed.
The Doctor Was Negligent
Just because you are unhappy with your treatment or results
does not mean the doctor is liable for medical malpractice. The doctor must
have been negligent in connection with your diagnosis or treatment. To sue for
malpractice, you must be able to show that the doctor caused you harm in a way
that a competent doctor, under the same circumstances, would not have.
The Doctor's Negligence Caused the Injury
Because many malpractice cases involve patients who were
already sick or injured, there is often a question of whether what the doctor
did, negligent or not, actually caused the harm. For example, if a patient dies
after treatment for lung cancer, and the doctor did do something negligent, it
could be hard to prove that the doctor's negligence caused the death rather
than cancer. The patient must show that it is "more likely than
not" that the doctor's incompetence directly caused the injury. Usually,
the patient must have a medical expert testify that the doctor's negligence
caused the injury.
The Injury Led to Specific Damages
Even if it is clear that the doctor performed below the expected standards in his or her field, the patient can't sue for malpractice if the patient didn't suffer any harm. Here are examples of the types of harm patients can sue for:
- Physical pain
- Mental anguish
- Additional medical bills, and
- Lost work and lost earning capacity
Learn more about the requirements of a Medical Negligence Attorney
Failure to Warn a Patient of Known Risks
Doctors must warn patients of known risks of a
procedure or course of treatment -- this is known as the duty of informed
consent. If a patient, once properly informed of possible risks, would have elected
not to go through with the procedure, the doctor may be liable for medical
malpractice if the patient is injured by the procedure.
When you need a Los Angeles Top Medical Malpractice
Attorney, you can contact us for an initial consultation of your case
by clicking here or calling 818-995-8787 or 800-924-3784.
