Proving medical negligence is much different than proving negligence in other cases. These cases can be quite challenging and require the help of an experienced legal professional who can help build your medical malpractice case against a negligent doctor or other medical professional with help from expert witnesses who can attest to the misconduct.
Engaging the services of an experienced Los Angeles medical malpractice lawyer can make all the difference in successfully prosecuting a case. Ensure that you have the right legal team to substantiate your claims and effectively address any defenses. If you are in need of legal representation, reach out to us today to schedule a free case consultation.
What Is the Standard of Care in Medical Negligence Cases?
At trial, there are three elements that must be proven by a preponderance of the evidence — more likely than not — for a medical malpractice claim to prevail.
The plaintiff must show:
- The doctor’s conduct departed from the accepted standard of medical care or practice.
- The doctor’s conduct was both the actual and proximate cause of the plaintiff’s injury.
- The plaintiff suffered damages.
Common medical malpractice claims like recommending an unnecessary surgery, causing injury during a surgery, or failing to diagnose a condition or disease could all be medical negligence. Proving that your doctor violated the standard of care and that their negligence led to your damages is critical when filing a medical malpractice lawsuit.
Establishing Medical Negligence
In other types of injury cases, proving negligence is simple. For example, say you are stopped at a red light in your car. A driver, not paying attention, slams into the back of your car and hurts you. That driver had a duty to drive carefully and pay attention to their surroundings but did not. Their failure to adhere to this duty caused you to suffer injuries. Negligence in this case is clear.
Need for a Medical Expert
Unfortunately, things aren’t so simple in medical malpractice cases. In most cases, only a medical expert can establish the standard of care against which a medical provider may be judged. In other words, testimony from an expert witness is required to prove that a particular medical provider did not meet the standard of care and was negligent.
Even though you believe that a medical provider did something wrong, you are not permitted to testify that a medical provider who harmed you breached the standard of care. For example, only an orthopedic surgeon may offer criticism against an orthopedic surgeon. Similarly, only a dentist may offer criticism against a dentist.
This is why it is crucial to hire an attorney who is experienced in litigating medical malpractice cases. Our medical malpractice team is both knowledgeable and experienced in working with medical experts and the nuances of a medical malpractice case.
How Do You Establish Causation in Medical Malpractice?
Even if expert testimony is established to show a breach of the standard of care, additional medical testimony is needed to prove that the breach of the standard of care caused the harm. Without causation, there is no case.
For example, a person has stomach pains for months and makes complaints to their family doctor. The family doctor does not refer the person to a specialist or order testing or imaging for months. Eventually, it is discovered that the stomach pain is caused by a cancerous mass. The person dies from the cancer and their family sues the family doctor for failing to diagnose.
The family retains a medical expert who claims that the family doctor breached the standard of care by failing to refer the person to a specialist and further testing. However, if the family fails to retain an expert who states that had the doctor acted sooner, the cancer could have been treated or removed, the family has failed to prove that the failure to diagnose caused the death.
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Why Are Expert Opinions Critical in Medical Negligence Cases?
In addition to helping to prove negligence, expert opinions are also critical for proving damages. Expert opinion is needed to establish the future medical care that a person injured through medical malpractice requires in the future. It is well established that future damages cannot be speculative and must be reasonably necessary.
Expert opinions are needed to establish that future care is reasonably necessary. For instance, if a person hurt through medical negligence would need future orthopedic care, an orthopedic doctor would need to provide opinions as to what future medical care is reasonably required.
Furthermore, additional expert testimony would be needed to provide evidence of the cost of any future medical care as well as an expert economist to establish the present-day value of such a cost.
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How Much Does a Medical Malpractice Lawyer Cost?
We believe that everyone deserves justice and high-quality legal representation regardless of financial background. To make this possible, we represent our clients on a contingency basis, meaning we only get paid if we win for you.
There is no financial risk at any point in the legal process. Every aspect of your representation, from your initial consultation to potential representation in court, is entirely at no out-of-pocket cost.
Our past clients have experienced transformative positive outcomes. We want to do the same for everyone who was harmed by medical malpractice.
Contact a Medical Malpractice Lawyer Today
Dealing with the legal challenges of medical negligence claims, including medical malpractice, requires a thorough understanding of legal standards and medical practices. With over $1.5 billion recovered for our clients, at Arias Sanguinetti, we have a team of expert medical malpractice lawyers in Los Angeles who can help you obtain a positive case result.
Contact us today by phone or through our online contact form to set up a free case review with a member of our legal team. We can review the details of your case, provide you with answers to any questions you may have, and advise you of your legal options. We are ready to help you prove negligence and sue your doctor or other medical professional for malpractice.
Call or text 310-844-9696 or complete a Free Case Evaluation form
