Seeking medical care or help from a licensed medical professional should never leave you in a worse condition than before. Sadly, medical malpractice is not uncommon.
Suffering an injury during surgery or a medical procedure does not necessarily mean the medical professional was negligent. You must be able to prove the defendant failed to provide you with the typical and general standard of healthcare.
A seasoned injury attorney can help with these complex cases. Call a seasoned Milpitas medical malpractice lawyer today to learn more.
How to Establish Medical Malpractice
The case must establish specific components to win a judgment for damages in civil court. The required elements needed to prove medical malpractice include the following:
The Doctor and Patient Relationship
The case must show that a doctor-patient relationship existed. This documentation can come in the form of medical bills or other care-related documents.
The Physician’s Treatment was Below the Standard of Care
The case must not only establish that the doctor made errors but also show that the defendant failed to meet the standard of medical care. That means any other physician in the same field would have treated the patient differently.
The Patient Suffered Damages
The patient must have suffered verifiable damages to establish medical malpractice. Petitioners in medical malpractice cases can prove this with expert witnesses, hospital records, and medical bills. A hardworking attorney in Milpitas can review the case to determine if the necessary elements of a med mal case are present.
The Potential Damages for Medical Malpractice Cases in Milpitas
The amount of the settlement depends on a vast range of considerations. The civil court jury or presiding judge considers the severity of the person’s injuries and losses as well as the provider’s actions that led to the injury. After establishing negligence, the court will likely award compensation to cover the following:
- Medical care, including past, present, and ongoing expenses
- Loss of salary, benefits, and earning potential
- Transportation costs, medicine, medical devices, and home renovations
- Pain and suffering
- Losing the enjoyment of life
- Emotional turmoil and psychological anguish
The civil court usually awards economic damages to cover the out-of-pocket expenses and noneconomic damages for subjective injuries and losses. A diligent lawyer can help plaintiffs in Milpitas demand appropriate compensation for the injuries they suffer due to healthcare negligence.
Commencement of Legal Action Based Upon Medical Negligence
State law requires the plaintiff in a medical malpractice case to alert the physician or medical professional before filing a medical malpractice lawsuit. According to the legal guidance in the California Code of Civil Procedure § 364, the claimant must give the provider a minimum of 90 days’ notice of their intent to recover damages and losses by filing a lawsuit. The statute ensures that healthcare professionals have time to prepare their defense.
The petitioner must send the notice before the deadline. A medical malpractice lawyer in Milpitas could help ensure compliance with state laws.
Call a Seasoned Medical Malpractice Attorney in Milpitas Today
While negligence typically refers to the failure to use reasonable care and cause harm to others, medical malpractice cases must also show a breach of the standard of care. A claim for damages could cover your out-of-pocket expenses, noneconomic damages, or other injury-related costs.
Call our experienced Milpitas medical malpractice lawyers today when you suffer damages because of a healthcare professional’s negligence.