Working with a medical professional can be an intimidating experience no matter how routine your needs may be. Fortunately, we can take comfort in knowing that a licensed, certified medical professional has gone through the necessary training and has a clear understanding of the work they are performing. However, there are many times when a doctor or other professional creates a dangerous situation for their patient by causing a personal injury due to improper treatment. In these cases, the victims have suffered from medical malpractice, meaning they have the ability to seek compensation through a personal injury lawsuit. Medical professionals are protected from personal liability by their insurance companies, meaning that you will likely be filing a medical malpractice claim against their policy.
The impacts of a medical malpractice case can be widespread, and the damages you suffer as a result of this negligent, reckless, or otherwise irresponsible treatment go far beyond your additional health care and your lost wages. Insurance companies are experienced at handling medical malpractice claims, and they work aggressively to settle cases for as little as possible. Your claim will likely be no different. This is why working with an Orange County medical malpractice attorney is one of the best decisions you can make.
Contact Our Firm To Connect With an Orange County Medical Malpractice Lawyer Today
Victims of medical malpractice are entitled to compensation — there is no argument about this from any side of the case; however, this does not mean that both sides agree on the amount a victim is owed. Personal injury attorneys are skilled at handling insurance claims from start to finish on behalf of their clients, whether for CA medical malpractice cases or the many other ways someone can suffer as a result of another’s negligence or recklessness. The team at Timothy J. Ryan & Associates has years of experience pursuing cases for injured patients, and we will be happy to do the same for you.
Our California law firm offers a free consultation for medical malpractice victims where we can discuss the incident, the impacts on your life so far and get a better sense of how we can work together. Once you are represented by a team of attorneys with years of experience, you can look towards the future with confidence knowing that someone is fighting for the damages you are entitled to. Take a look below to get a better understanding of why medical malpractice occurs, how medical malpractice claims are filed, and why working with a medical malpractice attorney can be one of the best decisions you make following your injuries as a medical patient.
What Is Medical Malpractice?
In order to understand what medical malpractice is and is not, it is important to understand the necessary factors of any personal injury case. Once we have explained these factors, you will be able to have a better understanding of how this relates to medical malpractice cases, and how you can identify whether or not you or a loved one is a victim of a negligent or reckless doctor.
The Medical Professional Had a Duty of Care
All licensed medical professionals have a legal duty of care to the patients they agree to work with. This duty of care requires that the doctor provides the patient with a level of care that “any reasonable physician” would provide, meaning they stick to accepted practices and work within the latest boundaries for the specific care.
The Medical Professional Failed Their Duty of Care
A failure to uphold a duty of care means that the doctor failed to provide reasonable care, not that they were unable to achieve the intended outcome. For example, providing an Irvine cancer patient with the latest in immunotherapy, chemotherapy, or radiation treatment is adhering to a duty of care, while prescribing a juice cleanse instead of accepted treatment is a failure to adhere to reasonable practices. However, using accepted treatments and being unable to cure a disease is not a failure of their duty.
This Failure Caused an Undesirable Outcome
In the example provided above with an Irvine cancer patient, a doctor using a treatment that is not accepted in the wider medical community has created an undesirable outcome when the illness continues to advance. This is just one of many possible examples, but you can read more below.
The Outcome Resulted in Measurable Damages
The term “measurable damages” can include things like additional medical bills, lost wages, and even the unnecessary pain and suffering that victims of medical malpractice endure following a failed duty of care.
Common Medical Malpractice Cases
The following are just a few of the many situations that can be considered medical malpractice in the state of California:
- Surgical errors
- Prescription mistakes
- Failure to diagnose
- Improper diagnosis
- Incorrect treatment
Whether or not you see an example above that resembles your own Orange County medical malpractice situation, simply contact our firm now to speak with an Orange County medical malpractice attorney as soon as possible. We have represented clients in Irvine, Santa Ana, Los Angeles, and Newport Beach, CA, to name a few of the California municipalities we are here to serve. Your medical malpractice claim is important, and if you have received bad medical care or health care, you deserve compensation for your injuries.
The Importance of Working With Attorneys For a Medical Malpractice Case
If you have been injured as a medical patient in Santa Ana or anywhere else in Orange County, CA, or you have suffered the death of a loved one due to the injuries sustained as patients of a negligent doctor, working with experienced lawyers is one of the most important steps you can take in order to get the compensation you deserve. Insurance companies will work aggressively to reduce the liability that their clients take on, and will then fight to pay as little as possible to the injured person. This is the truth no matter how cut and dry the case may seem, and why our legal practice is here to fight for the money our clients deserve.
When you file a claim with an insurance company or file a lawsuit directly against the medical practice, there will be attorneys on the other side working to downplay your injuries, seek a quick path towards a settlement, and pay as little as possible. Personal injury lawyers understand this process and will fight for the rights of their clients through aggressive negotiations or by building a strong case in the California courts. While you focus on recovery, you can be confident that your personal injury lawyer is fighting for the money you are entitled to for your injuries and damages you have unfairly suffered.
Frequently Asked Questions About Medical Malpractice Lawyers
The following are just a few of the many questions commonly asked during our free initial consultation. The answers provided are not meant to be taken as legal advice but are meant to give you a general idea of how your own unique situation may be handled. The most important thing to do is to contact our firm for a free consultation with a personal injury lawyer.
What are the grounds for a medical malpractice lawsuit?
Simply put, medical clients who suffer an injury or death as a result of the medical professional’s negligence or recklessness are victims of medical malpractice. Doctors are expected to adhere to accepted, reasonable treatments, and a failure to do so can cause unnecessary injuries.
What does it cost to hire a medical malpractice lawyer?
Working with a medical malpractice attorney commonly means that your lawyer will use a contingency fee, meaning that you will not pay until your case is finished, and will then pay a percentage of your award. This can be a major advantage for people who incorrectly believe that they are not able to afford legal representation.
When should you contact a lawyer for medical malpractice?
If you have been injured as a patient, or have experienced the death of a loved one, because of a doctor’s negligence or recklessness, contact our Orange County law firm as soon as possible. The sooner you are working with an attorney, the sooner you can focus on your recovery while a lawyer is fighting for the money you deserve.