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Understanding Medical Malpractice Suits

Medical MalpracticeMedical malpractice refers to a type of personal injury case that is brought against medical care professionals. Doctors, nurses, EMTs and other medical authorities have a duty to provide care to patients and never to cause harm. When an individual is injured as a result of negligence on the part of a medical professional, he or she may be able to hold the medical care provider liable for his or her injuries. If it can be proven that actions on the part of a medical professional caused damages to a patient, that patient may be eligible for financial compensation.

Legal Requirements for a Medical Malpractice Claim

A victim who has been injured as a result of a health care providers can only hold the provider responsible if that patient can prove several things. Firstly, the medical provider had to have some type of duty to the patient and that duty has to have been breached. This breach of duty must have directly caused harm to the patient which would otherwise have not occurred. Finally, the damages caused by the medical provider must have caused some type of injury for which the patient may be compensated. The most common causes of breach of duty include:

  • Misdiagnosis or failure to diagnose;
  • Improper care such as leaving a medical instrument inside a person during surgery or operating on the wrong section of the body;
  • Neglect such as failing to feed a disabled or elderly patient;
  • Medication errors such as giving the wrong medication to a patient or skipping doses; and
  • Unclean environments such as hospital rooms which are not properly sterilized.

These are only a few examples of breaches of duty that can lead to a medical malpractice suit. It is important to remember that the burden to prove negligence lies with the person accusing the health care provider of a breach of duty. In order to be eligible for financial compensation, the person filing the malpractice suit must be able to prove that the injury they sustained at the hands of the healthcare provider caused damages. Damages can include medical bills and costs associated with treating the injury, costs for future care such as physical therapy or subsequent surgeries, lost wages from time spent ill or injured, future lost wages, pain and suffering, and emotional distress.

Medical Malpractice Lawyers Serving Northern California

Tort reform has greatly limited medical malpractice damages, resulting in damage caps in many states, including California If you plan to sue a medical professional who caused you injury or illness due to his or her negligence, you need an attorney who knows the law entirely. The experienced San Jose medical malpractice law firm of Corsiglia McMahon & Allard, L.L.P. is a team of highly qualified professionals who know what it takes to successfully manage a medical malpractice lawsuit. Call us today at (408) 289-1417 to schedule your free and confidential initial consultation.

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.