Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
Santa Clara County Bar
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association

Recognizing the Signs of Medical Malpractice

DoctorAn estimated 251,000 patient deaths in the United States each year are linked to negligence by medical professionals or medical malpractice. That number—more than a quarter of a million—represents more lives than are claimed annually by car accidents, respiratory diseases, strokes, and even Alzheimer's. According to some estimates, medical errors are now the third leading cause of death in the United States.

To get a better understanding of how medical malpractice plays a significant role in these statistics, it is important to understand what medical malpractice is and how to recognize when it happens. This knowledge could potentially save your life or that of a loved one.

What is Medical Malpractice?

The most basic definition of medical malpractice is negligence that a health care professional or facility demonstrates toward a patient. Medical malpractice includes negligence or harmful behavior by doctors, medical technicians, nurses, dentists, therapists, or any other health care providers. When you are being seen or treated by a medical care provider, he or she owes you a duty of care, and any breach of that duty may be considered medical malpractice.

There a few common signs that you or your loved one may have been the victim of medical malpractice by a treating professional, including:

  • Your provider admitted to you that he or she made a mistake in the course of your treatment;
  • A surgeon operated on the wrong part of your body or failed to complete the operation appropriately;
  • Anesthesia was administered improperly or in incorrect dosages;
  • You were misdiagnosed or your diagnosis was unduly delayed;
  • An emergency doctor failed to collect a proper medical history to guide necessary testing; and
  • You were given the wrong medication due to nursing or paperwork errors.

Of course, these are just a few examples of situations that may be considered medical malpractice. It is important to understand that to prove medical malpractice occurred in California, you will need to show that the medical professional failed to act in a manner consistent with how other professionals of similar age, training, and experience would act under similar circumstances. This is known as the standard of care, and proving that the standard of care was breached often requires expert witnesses from the same field of medicine.

Contact a Medical Malpractice Professional

If you would like to learn more about medical malpractice or you believe that you have been a victim, contact an experienced San Jose medical malpractice attorney. We will meet with you to discuss your case and your available options for collecting the compensation you deserve. Call (408) 289-1417 for a free consultation with Corsiglia McMahon & Allard, L.L.P. today.

Client Reviews
My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.