Buena Park Medical Malpractice Lawyer

Medical malpractice happens when a doctor, nurse, or other healthcare professional causes an injury to a patient. For an actionable claim, the injury must be both a violation of the standard of care and a result of negligence.

If you suffered harm due to medical malpractice, you may be able to recover compensation for their injuries with the help of an earnest personal injury attorney. A Buena Park medical malpractice lawyer can evaluate the validity of your claim to determine your best options.

When is an Injury Due to Medical Malpractice?

Not every injury a patient suffers is the result of medical malpractice. For an injury to rise to the level of malpractice, the doctor must have breached their standard of care by acting negligently. The two legal definitions that form the core of any medical malpractice case are standard of care and negligence.

Standard of care is the acceptable medical treatment by a reasonably prudent health care professional in similar circumstances. It is based on the notion that patients have a right to expect healthcare professionals will provide care according to consistent standards.

As a Buena Park medical malpractice lawyer knows, an unfavorable treatment outcome by itself may not be grounds for a damages claim. A medical malpractice claim must be more than a mere violation of the standard of care, it must also show negligence. To be successful in a lawsuit, the injured person must show that the injury would not have happened if the healthcare professional was not negligent in their care.

Examples of Medical Negligence Cases

Due to the nature of medicine, medical malpractice can come in many forms. Some common types of medical malpractice include:

  • Failure to diagnose or misdiagnose
  • Unnecessary surgery
  • Incorrect surgery
  • Improper aftercare
  • Failure to properly test
  • Failure to recognize symptoms

If a person suffers an injury from medical negligence in Buena Park, it is imperative to consider filing a claim at the earliest possible opportunity as the statute of limitations for a medical malpractice lawsuit in California is only one year from the date of injury.

Available Compensation for Injuries

Medical malpractice lawsuits are very long and expensive. This is often due to the use of testimony from medical experts. This testimony is critical to show the standard of care in relation to the injury and to show actual injury to the patient.

A claim of medical malpractice requires there to be an injury that can be compensated, at least in some part, by a damages award. In California, damages are limited under the Medical Injury Compensation Reform Act (MICRA).

Are There Damage Caps in California Malpractice Cases?

Under MICRA, non-economic damages such as pain and suffering and loss of consortium are limited to $250,000. Economic damages are not limited and include future medical needs resulting from the medical injury as well as any resulting lost earnings.

Speak with a Buena Park Medical Malpractice Attorney

If you or a loved one suffered an injury under the care of a healthcare professional in Buena Park, it is important to seek out the advice of a Buena Park medical malpractice attorney who can review your case. A Buena Park medical malpractice lawyer can review your medical files to determine whether legal action is possible so that you can meet California’s very short statute of limitations and preserve your case. Call today for a free consultation.