Elements of An Irvine Medical Malpractice Claim

A medical malpractice case in Irvine occurs when a healthcare provider acts below the standard of care. The term, below the standard of care, is the legal term applied which is equivalent to negligence by a physician, nurse, or other healthcare provider. The conduct of the healthcare provider has to be negligent (below the standard of care), and that conduct has to then have caused medical injuries and damages to the individual in order for them to have a successful medical malpractice case.

Standard of Care

In order for a case to be successful regarding the allegations of medical malpractice or medical negligence, the injured plaintiff has to prove that the physician failed to possess and exercise the reasonable amount of skill and knowledge that would ordinarily be possessed and utilized by other healthcare providers in a similar circumstance.

When a physician exercises judgment, if that judgment is within the standard of care, it would be exceedingly difficult to sustain a cause of action for medical malpractice. The breach of the standard of care has to be serious enough that the conduct was the actual cause of further medical injuries, damages, or death of the patient.

Common Forms of Malpractice in Irvine

Medical malpractice cases can occur when a healthcare provider does not treat the patient appropriately. Several examples involve the failure to diagnose a particular disease or medical problem.

In addition, the failure to treat the patient properly by not prescribing the appropriate medication or, for example, by prescribing the wrong antibiotic which does not resolve the bacterial infection could be medical malpractice. Other examples of medical malpractice could include performing surgery on the wrong body part and failing to provide proper treatment which leads to further injuries or even death of the patient.

Benefits of Hiring an Attorney

The initial review and analysis of a potential medical malpractice case can be exceedingly complicated. Therefore a seasoned advocate who has handled medical malpractice cases before will be able to review the medical records and facts of the particular case. and obtain an appropriate medical review and medical opinion from an expert to support that a breach of the standard of care resulting in medical injuries and damages has, in fact, actually occurred. It would be exceedingly difficult for a lay person to analyze a potential medical malpractice case without having specialized knowledge as to whether the healthcare provider actually was negligent or below the standard of care.

Handling a medical negligence case is not the same as handling a regular personal injury case, such as an automobile accident or premises liability case. There has to be appropriate medical expert testimony to support the claim that the healthcare provider committed negligence that was below the standard of care in order for such a case to be successful. A lawyer can ensure that an expert is available to provide that testimony.