Irvine Medical Malpractice Lawyer

Medical malpractice, or medical negligence, is conduct by a healthcare provider that breaches the duty owed to the patient, or in other words, the provider acted below the standard of care that should be given by a healthcare provider. The term breach of the standard of care is specifically applicable to the healthcare providers that rendered care, which is alleged to have been performed in a negligent fashion.

There are specialized statutes and precedent cases in California that deal with medical malpractice, which specifically pertain to the various types of healthcare providers, including physicians, specialists, nurses, hospitals, clinics, dentists, podiatrists, and any other healthcare professionals who render medical care and treatment to patients in California. An experienced Irvine medical malpractice lawyer who is familiar with these statutes and precedents can therefore assist in building a case if you or someone you know has suffered an injury due to negligence from any of these parties. To learn more about the steps involved in filing a claim, consult with an injury lawyer in Irvine today.

Standard of Care

In order to prove that a healthcare provider has committed medical malpractice or medical negligence, the legal standard requires that the evidence shows that that particular provider breached the standard of care.

This means that the healthcare provider did not comply with the appropriate standard of care such a healthcare professional in his or her position in the given circumstance. In this regard, the negligent healthcare provider did not live up to the standards that other responsible and prudent healthcare providers would have done in similar circumstances. This can become fairly complicated in terms of proving that the healthcare provider was negligent or breached the standard of care. As a result, your medical malpractice lawyer in Irvine will need to provide expert medical witness analysis and testimony.

Distinction Between Medical Malpractice and Non- Negligent Action

Medical malpractice by a particular physician or healthcare provider means they did not provide treatment according to the proper standard of care in a given circumstance. Merely because there may not be a positive result does not necessarily mean that the particular physician was negligent. Negligence, or breach of the standard of care, also does not necessarily equate to a poor outcome. The facts of a particular case will need to be reviewed by an appropriate medical expert in order to determine whether there was negligence or a breach of the standard of care.

Depending upon the type of physician involved in the medical care and treatment of the patient, there generally are very specific practice guidelines that should be followed by the particular physician treating the patient. This also depends upon the type of specialty of the healthcare provider, such as an obstetrician or gynecologist, general practitioner, family practitioner, internal medicine specialist, surgeon and so forth.

In addition, when treatment is rendered in  a hospital or similar facility, there are policies and procedures in place that need to be followed by the physicians, nurses, and other medical staff treating the patient. It is important to review the specific policies and procedures that would be applicable to the medical treatment in the client’s matter. The analysis of the applicable practice guidelines and policies and procedures that are relevant to the case may assist in proving liability or that the healthcare practitioner acted below the standard of care.

Parties Involved in Malpractice Cases

Various parties that would be involved in a medical malpractice matter include all of the healthcare practitioners that were a part of the process related to the negligent conduct and breach of the standard of care, which caused, serious injuries and damages to the patient. Each case must be reviewed and analyzed on an individual basis by an Irvine medical malpractice attorney to determine the particular parties involved. The parties could include:

  • The physician or specialist who provided the treatment
  • Nurses who assisted in the treatment
  • Clinics, hospitals, urgent care centers, surgery centers, and other locations of treatment may also be involved.

The facts of the particular medical malpractice matter will determine, which healthcare practitioner was responsible for the aspect of the treatment, including the specific negligent act which caused the specific damages being alleged.

In these cases, it is fairly common for each of the individual healthcare practitioners, facilities, clinics, or hospitals to be represented by their own attorney. Since multiple attorneys will be representing the various medical malpractice defendants, this would require the attorney for the medical malpractice plaintiff present the case in terms of potentially different liability theories against each of the individual defendant practitioners and facilities.

How Medical Malpractice Cases Are Unique

The major difference and distinction between a medical malpractice case and another type of personal injury matter is that the liability or fault on the part of the healthcare provider needs to be proven by appropriate expert witness testimony. In California, there are very specific requirements to prove liability of healthcare providers in a medical negligence case. This would require an appropriate expert witness to analyze the matter and be able to testify that the particular healthcare practitioner acted below the standard of care, i.e. negligent and that such negligence proximately caused the medical injuries and damages of the injured party. This is one way that an experienced medical malpractice attorney in Irvine is able to assist clients, as finding an expert witness can be a difficult task.

Contacting an Attorney

When a client comes in to discuss a medical malpractice matter with our Irvine medical malpractice lawyers, they can expect to discuss the facts of the case, including our analysis of the relevant medical records regarding the alleged negligent treatment. After we get that information from the individual, our attorneys will explain the specific aspects of proceeding with a medical malpractice case in terms of proving the negligence of the physician or healthcare provider, as well as the limits on damages pursuant to California law. To begin your consultation, call today.

Eisenberg & Associates Justice for the Disabled Scholarship

At Eisenberg & Associates, we love what we do and are passionate about bringing positivity into the community with the Eisenberg & Associates Justice for the Disabled Scholarship. With this scholarship, we hope to encourage students to develop policies that support all people, without excluding people with disabilities and those who have suffered from catastrophic injuries. Discrimination of the disabled can, and should be challenged, and one way to do this is with amendments to public policy. This $500 scholarship will be awarded to a student who puts forth a thoughtful, practical, and, and well-reasoned analysis of the social injustice those with disabilities face due to discriminatory practices, and how a new public policy could better address these unjust practices.

In addition, applicants must have a minimum cumulative GPA of 3.0. The deadline for applications is March 31, 2017. Here is more information on the application process and eligibility requirements for the Eisenberg & Associates Justice for the Disabled Scholarship.