What is medical malpractice?
Medical professionals are held to a high standard of care, but the fact remains that there are times when doctors or nurses make mistakes. The term “medical malpractice” describes any treatment, lack of treatment, or other departure from the accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Some common types of medical malpractice claims include emergency room mistakes, failure to diagnose, misdiagnosis, improper treatment, birth injuries, and surgical errors. If you or a family member has suffered injury or death due to a medical mistake, it is doubtful that the medical professional’s breach/mistake will be discovered or proven without an attorney. In order to begin a medical malpractice suit, specific elements must exist. When putting together your case, your lawyer will establish the following using evidence and testimony:
The existence of a doctor-patient relationship
The provision of care (which includes decisions, treatment, and the failure to treat) that fell below the accepted medical standard of care (a “breach” of the standard of care that amounts to “medical negligence,” in the language of the law)
A causal connection between the care provider’s medical negligence and the patient’s harm, and
Quantifiable harm (“damages”) to the patient as a result.
Medical Malpractice Representation with the Leiva Law Firm
At the Leiva Law firm, each medical malpractice case requires a detailed review and analysis conducted by Mr. Leiva, along with the assistance of appropriate medical experts. Medical malpractice claims can be very complicated and expensive. Remember, just as in a personal injury case, a well-funded insurance company is on the other side making it absolutely necessary for you to employ qualified representation.
The Leiva Law firm understands how overwhelming it can be to undertake a medical malpractice case. When you or a loved one are dealing with the physical, mental, and emotional repercussions that stem from a health care providers mistake, it can be difficult to know where to begin. That’s where The Leiva Law firm can help. We make sure to simplify the process and make it easier for you to understand. We break down every step of the case process to make sure you and your loved ones are comfortable and confident about every aspect of your case.