Under what circumstances should you file a claim for medical malpractice?

Under what circumstances should you file a claim for medical malpractice?

Medical mistakes account for any where from 250,000-400,000 deaths per year, making them the third leading cause of death in the United States, according to a study by John Hopkins.

While the majority of hospital and doctor visits occur without complication and provide help to the patient, when errors do occur, they can be catastrophic and affect an individual for a lifetime. In the worst case, no recovery is made, and deaths may result.

What should you do if you believe you or a loved one has been sustained an injury due to medical malpractice?

The determination of whether a particular doctor, nurse or other health care provider may be liable for “medical negligence” or has committed medical malpractice is complicated. First, although a provider may be negligent, this does not always equate with being held liable for damages. A negligent action that doesn’t cause harm may not be a viable lawsuit. However, where you have sustained an injury due to negligence, then it is important to contact an experienced San Diego medical malpractice attorney at once.

A skilled medical malpractice lawyer will begin an investigation to determine whether negligence occurred. This includes evaluating what is the relevant standard of care, and whether this standard was breached. This determination typically involves gathering medical records, and conducting an expert review.

It is also necessary to link the breach caused the harm asserted.

Where a breach causes harm, it may be possible to file a cause of action for damages.

Because the process for filing a claim may be complex, speaking to an attorney as soon as you suspect negligence occurred is important.

For more information or if you or someone you loved has been harmed by medical negligence, please contact the dedicated San Diego medical malpractice lawyers at Bostwick & Peterson, LLP as soon as possible for an immediate, confidential consultation.


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