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 a trustworthy personal injury attorney 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.

Are Practice Guidelines Universal?

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.

How Are Negligent Parties Determined?

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 Irvine Medical Malpractice 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.

Client Reviews

By: George O.

Title: Medical Malpractice Case - My Spouse and I

A traumatic medical malpractice experience occurred to my wife over 4 years ago and as we had never pursued litigation for any issue in the past we were in the dark as to how to begin this process. My wife was left with permanent and severe brain and other injuries that needed special care to rehabilitate her. Our initial lawyer realized that the case was out of his specialty and referred us to Larry Eisenberg. My wife and I cannot praise Mr. Eisenberg and his staff any higher for their professionalism, care and dedication to our case. Mr. Eisenberg and his staff spent countless hours studying her injuries and fighting for us throughout the whole process. After we first met Mr. Eisenberg I had no doubt that he was a good lawyer with extensive experience but what I was not prepared for was the care he showed to myself and especially my wife throughout the whole process. We never felt like we just had a business relationship as Mr. Eisenberg and his staff showed both of us deep compassion and consideration during each visit with them. Mr Eisenberg is highly recommended by both of us and although there are permanent injuries my wife will have the rest of her life, Mr Eisenberg and his staff successfully litigated both of our cases which has allowed us to search out and obtain proper care for her.

Rating: ★★★★★ 5 / 5 stars