Common Questions Regarding Medical Malpractice

Common Questions Regarding Medical Malpractice

When doctors, nurses and other medical staff provide treatment to a patient, they have a duty to provide a high level of care. When medical professionals fail to meet that standard of care, and harm occurs as a direct result of medical negligence, it may be possible to file a medical malpractice lawsuit. However, statistics show that many of those injured due to medical errors never file a claim, in part due to common misconceptions and questions.

One of the most prevalent misconceptions is that by signing a consent form, a patient is waiving his or her right to sue. This is not so. A medical malpractice claim is based on negligence - a consent form does not waive liability for harm that results from negligent or reckless conduct. Thus, you may have a successful medical malpractice case if you can show your doctor acted negligently (did not act with the requisite duty of care) and this caused you harm, even if you sign a waiver.

Many people also believe that medical malpractice claims may only arise from significant events - such as mistakes during surgery. However, while surgical errors are a leading form of medical malpractice, errors in medical judgment such as failing to diagnose and misdiagnosing serious illnesses and medical conditions, account for a large portion of harmful medical mistakes.

It is also important to note that not all poor outcomes or adverse results are the result of medical malpractice. Rather, medical negligence lawsuits provide relief where a patient shows that the harm was a direct result of a medical mistake or error.

Medical malpractice/medical negligence is a complex area of the law, however, because the harm caused by a medical mistake can last a lifetime, its crucial you contact an experienced San Diego medical malpractice lawyer if you have any questions or believe you or a loved one has suffered due to a medical error.

For more information, please contact the dedicated San Diego medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.


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