Medical malpractice results when a health care professional fails in his or her duty to a patient, and an LA medical malpractice attorney may help determine if negligence occurred. If this failure harms the patient, filing a lawsuit to recover damages for financial loss is possible.
Health care professionals must provide a predefined standard of care. Generally, this standard involves the care provided to a similar patient who lives in the same geographical area. The care is based on the patient’s age and medical condition. Failing to provide this care may result from a negligent action. Proving that the health care professional’s negligence caused injury to the patient is the crux of a malpractice lawsuit. Consulting LA medical malpractice attorneys to see if negligence occurred is the first step.
Establishing Professional Negligence
Negligence has certain features that must be present. For instance, a doctor-patient relationship must exist, and the doctor must have deviated from the expected standard of care resulting in injury to the patient. To establish that the health care professional’s treatment was negligent, a medical expert’s opinion is often needed. An LA medical malpractice attorney may assist in obtaining an expert’s review of the case.
Medical negligence may result from a variety of errors. A doctor may misdiagnose the patient. Failing to diagnose correctly or in a timely fashion may cause the patient’s condition to worsen and move beyond the point where treatment is effective. In addition, a physician may prescribe the wrong medication or one that interferes with other medications the patient receives. The physician might misinterpret X-rays or other diagnostic tests, causing harm to the patient. In such cases, treatment might be erroneously delayed. An LA medical malpractice attorney may help establish negligence by reviewing the case.
Surgical error involves a variety of mistakes made during a surgical procedure. It might be the result of oversedation, operating on the wrong body part, wrongful amputation, or leaving objects in the body during surgery. This may result in permanent damage or death.
Lack of Informed Consent
When an invasive diagnostic test is done or a medical treatment is prescribed, the doctor must explain the risks associated with it. The explanation must be clear and understandable to the patient. In many cases, it must be in a written format, and the patient must sign that he or she understood the reasons for the test or procedure as well as the risk. If informed consent is not provided, the health care professional may be considered liable.
In some cases, the hospital may be considered negligent. The reasons might range from inappropriate nursing care or inadequate infection control.
Consulting LA Medical Malpractice Attorneys
If you have suffered harm due to medical error, contacting an LA medical malpractice attorney may be beneficial. The attorney may help file the malpractice lawsuit to recover pecuniary damages. Call Martin Stanley Law at 310.399.2555.