HOW A SACRAMENTO & FOLSOM MEDICAL MALPRACTICE ATTORNEY CAN HELP WITH YOUR CLAIM
Posted on Wednesday, March 4th, 2015 at 10:57 pm
Advice from a Sacramento & Folsom Medical Malpractice Attorney that will help you with your claim
When a medical professional or doctor fails to successfully perform their job they can be subject to a medical malpractice lawsuit. Medical malpractice laws vary from state to state but there are some broad rules that apply to generally all medical malpractice cases in Sacramento & Folsom area. We have provided some of those general rules in this story. You can visit this site to find out more about California Court systems.
Requirements for Medical Malpractice Cases
You must be able to prove the following to have a solid medical malpractice claim:
- You must first show that you had a doctor-patient relationship in which you hired the doctor (or medical professional). The simplest way to prove this is to show that you visited the doctor at his office and they did personally treat you. This will easily prove that you had a doctor-patient relationship.
- The next factor is was the doctor negligent. You will need to prove that the doctor was incorrect in his diagnosis or medical treatment and show that this oversight caused you harm. We expect all doctors to provide reasonable care and skill levels but when they do not that is when a medical malpractice suit is in order. The law requires that the injured patient prove that the level of care was substandard by presenting a medical expert that can illustrate how the doctor deviated from normal medical practices.
- You need to show that the injury occurred because of the doctor’s negligence. An example of how it would be difficult to prove a Sacramento & Folsom medical malpractice case would be if a patient had cancer that the doctor had been treating but the patient died anyhow. In most cases it would be hard to prove that the patient was not likely to die as a result of cancer alone and was not a result of the treatment prescribed by the doctor. To prove a case like this you would need expert medical testimony that could prove that the doctor was actually negligent.
- Then you would need to prove that the injury led to particular damages. You must suffer some form of harm to prove your case even if the doctor performed below the normal medical standards. Some of these damages include: physical or mental pain, increased medical bills, or lost earnings/work.
Most Common Examples of Medical Malpractice
Medical malpractice claims can result from many different situations. These could might be from a doctor prescribing an incorrect drug that causes harm to a patient to a surgeon that mistakenly leaves a medical instrument inside a patient during surgery. Here is an example of the most common malpractice areas:
- A doctor can sometimes fail to correctly diagnose a patient’s illness that might lead to the patient’s needless pain and suffering or even death.
- When a medical professional fails to warn a patient about possible risks associated with a treatment it is known as duty of informed consent. If the doctor had correctly informed the patient about known risks the patient would have most likely not agreed to the medical procedure. Because of this the doctor has exposed themselves to a possible medical malpractice suit.
- The doctor might face a medical malpractice suit if they prescribe an appropriate treatment but the treatment is not correctly administered.
Medical Malpractice claims require particular rules and procedures to be followed
- You must bring a Sacramento & Folsom medical malpractice claim to the courts in a reasonable time frame. This is known as the Statute of Limitations. The Statute of Limitations varies from state to state and is between six months to two years. It is very important that you do not mis the filing deadline as the court will dismiss even the most solid medical malpractice case because of delayed filing.
- Generally all claims must be presented first to a medical malpractice review panel. The panel will review arguments, evidence and testimony from medical experts. The review panel has no legal authority over the outcome of the claim but it simply presents it’s findings to the court so they can determine if the case will go to trial.
- An expert medical professional is very important in building a strong malpractice case. In most cases the expert witness will need to be approved to testify prior to going to court. An expert witness usually has a track record in the field related to the medical malpractice case presented.
- Some states limit the amount that the courts can award a victim of medical malpractice. These limits vary by state.
Free Legal Advice from Sacramento & Folsom Medical Malpractice Attorneys
Here, at the Tiemann Law Firm, our Medical Malpractice lawyers are dedicated to helping you and your family secure the financial help you need and deserve. Contact a Sacramento and Folsom, CA Medical Malpractice attorney today. We can meet with you free of charge, and if we take your case, we will charge no attorneys’ fees unless and until you receive compensation. When we decide to take your case, that means that our Medical Malpractice attorneys are willing and able to put in the time, the effort, and the resources needed to make your case the success it should be. Clients come to us from not only Sacramento but also Folsom, Citrus Heights, Rocklin and other areas in Northern California and greater Sacramento, California.