Medical malpractice occurs due to the negligent act, error, or omission of a health care provider, resulting in sustained injuries or death of the patient. Common categories for medical malpractice cases include failure by a health care provider to follow standard operating procedures, improperly diagnosing a medical condition, and failure to prevent injury to mother and childduring birth.
If a patient has sufficient grounds to sue for negligence of the doctor or other responsible parties, and if such parties refuse to admit liability and pay damages out of court, then legal action usually follows. A given action resulting in injuries to the patient involving medical negligence needs to be handled through documentation and demands for other damages and losses.
To be successful in a medical malpractice lawsuit, the plaintiff needs to prove, by preponderance of evidence (meaning it is more likely than not), that the healthcare provider breached a legal duty owed to the plaintiff, resulting in injury and damages. For patients, having a legal counsel to prepare, file, and litigate a medical negligence claim is a critical element in obtaining any form of favorable recovery.
Specifically, the patient must show, with the help of an Oakland medical malpractice attorney, that the healthcare provider owed a duty to the patient (which arises when the plaintiff enlists care, services, or treatment from the healthcare provider). It must also be proven in court that the healthcare provider breached this duty by failing to provide care expected of a healthcare provider and that this failure was the direct cause of the plaintiff’s injuries.
A plaintiff, through an Oakland medical malpractice attorney, may bring a medical malpractice case against healthcare providers. The employer of such healthcare providers, such as the hospital or clinic, may also be sued under the theory of respondeat superior (meaning, “let the master answer”). This theory, which provides for liability of the healthcare provider’s employer, may be used when the defendant was, at the relevant time, an employee acting within the scope of employment.
The most obvious and easily remedied damages in medical malpractice claims are financial losses and other costs incurred by patients because of their injuries. Other items such as loss of wage, costs of medical and rehabilitative treatment, and other damages may also be claimed under the suit. Obtaining the services of an Oakland injury lawyer ensures that the offended party obtains rightful compensation.