Medical Malpractice
Do You Have a Case?
Medical malpractice is no different than any other “negligence.” There is a cause of action if the doctor, or provider working under the doctor’s supervision, makes a serious mistake and that mistake causes harm to the victim. “Mistake” as used in the preceding sentence is a bit complex. For a doctor to be negligent, there must be a violation of what is called the “standard of care.” In most cases only qualified medical doctors, e.g. “experts,” are competent to offer evidence proving a violation of the standard of care, and further proving the violation caused the harm alleged. Violations can be poor decisions, poor execution, failure to act, or acting improperly.
Sometimes violations occur not as the result of what the doctor or nurse did, but what the health care facility did or did not do. Failure to train employees properly or failure to keep medical records properly might be violations of the standard of care. Failure to obtain the patient’s “informed consent” of a procedure or treatment may also be a violation of the standard of care.
What To Do If You Have a Potential Medical Malpractice Case.
If you were/are the patient, get a copy of the relevant medical records. In the case of a decedent, those medical records might still be attainable by a lawful heir.
If you or a loved one has wrongfully lost a loved one due to negligence or accident, it is always in your best interest to explore your legal options. Let us help you immediately & protect your rights. Call The Law Offices of Jeffrey A. Kaiman & Associates at 877-OUCH-LAW, 310-789-2030 or email directly at jak@kaimanlaw.com for a free consultation. |
