Liability in Mission Viejo Medical Malpractice Cases

Although it is often easy to identify an injury or harm suffered during a medical procedure, it can sometimes be hard to establish that a medical provider is legally liable for its effects. Establishing liability in Mission Viejo medical malpractice cases, however, is often very important.

Malpractice victims frequently face large medical bills, lost wages, and serious physical impairments—and to obtain compensation for these damages, an individual must satisfy liability requirements in the eyes of the court.

A distinguished medical malpractice attorney could help you navigate the various challenges created by liability issues. Following that, they could work to establish to a court of law that a medical provider’s negligence directly resulted in your injury.

Defining Proximate Cause in Medical Malpractice Cases

When determining liability in Mission Viejo medical malpractice cases, the term proximate cause refers to the circumstances that resulted in a victim’s injury. To prove proximate cause in a medical malpractice case, a plaintiff must show that their provider’s action or inaction was the direct cause of the harm they suffered.

If a dentist extracts the wrong tooth from a patient with a toothache, that is the proximate cause of any harm the patient subsequently experiences as a result of their missing tooth. Of course, not all instances of medical malpractice are so clear-cut. In fact, determining the exact proximate cause that injured a patient can often be very complicated.

In many situations, a malpractice victim is already injured or sick prior to a doctor’s intervention, which can make it difficult to determine causation of any subsequent harms. In the same vein, patients often lack sufficient evidence to prove they were harmed by malpractice rather than a reasonable complication of the procedure.

There may even be multiple medical providers involved in providing treatment to a single patient, which can make it difficult to determine who should be specifically held responsible for a harm that patient suffered.

What is Informed Consent?

A victim of medical malpractice may have grounds for a case if they did not provide informed consent. In layman’s terms, this means that the individual was not made aware of the risks associated with the medical procedure prior to undergoing it.

A medical provider has a duty to inform a patient about all the risks that are associated with a medical procedure. Without understanding all the potential risks, a patient is viewed in the eyes of the law as unable to make a decision that fully takes into considerations both the advantages and risks of a surgery.

In situations where an individual is not adequately informed about the risks of a surgery and was injured, the medical provider can likely be held for liability in Mission Viejo medical malpractice cases. For example, a patient may choose to receive an elective surgery and be subsequently left paralyzed as a result of the operation. If the doctor did not inform the patient of the risk of paralysis associated with the procedure, the patient can likely raise a strong claim of failure to provide informed consent because they did not have a full understanding of the risks associated with the surgery.

Obtain Help From an Attorney

Liability in Mission Viejo medical malpractice cases almost always plays a pivotal role in these cases. Proving proximate cause or a lack of informed consent can be a tricky task for someone unseasoned in malpractice law, which is why having a skilled Mission Viejo medical malpractice lawyer by your side could be vital to a successful case. Just like so many other individuals with liability issues and various complications in medical malpractice cases, a knowledgeable and compassionate attorney could help you too. Call today to learn more.