Medical malpractice occurs when a healthcare professional breaches the accepted standard of care and causes harm to a patient. The standard of care refers to the level of skill, attention, and treatment that a reasonably competent medical provider would have given under similar circumstances.
If you believe you’ve suffered due to medical negligence, you may have the right to pursue compensation through a medical malpractice claim. The attorneys at Hillstone Law can evaluate your situation and guide you through your legal options.
How to Know if You Have a Valid Medical Malpractice Claim
To file a successful medical malpractice lawsuit in California, you must generally prove three key elements:
- Doctor-Patient Relationship
You must show that you had a professional relationship with the doctor or healthcare provider. This is usually established if the provider agreed to treat you. - Breach of the Standard of Care
You must prove that your provider acted in a way that fell below accepted medical standards and that this negligence directly caused your injury. Simply being unhappy with your care is not enough. - Injury and Damages
Finally, you must show that you suffered an actual injury as a result of the negligence. Common damages include:
- Physical pain or loss of mobility
- Emotional distress
- Additional medical expenses
- Lost income or reduced earning capacity
Without proving actual harm, you may only be able to file a complaint with the hospital but not a lawsuit.
Common Types of Medical Malpractice Cases
- Failure to Diagnose – When a doctor fails to properly test for or recognize a medical condition, leading to delayed or missed treatment.
- Improper Treatment – When a provider gives the wrong treatment or administers a recognized treatment incorrectly.
- Failure to Inform of Risks – Doctors are required to inform patients of known risks before a procedure. If you weren’t warned of potential complications and were injured, this could form the basis of a claim.
Why Medical Malpractice Cases Are Complex
Medical malpractice cases require extensive evidence, expert testimony, and strict adherence to California’s legal deadlines. Because of this complexity, it’s crucial to speak with an experienced medical malpractice attorney as soon as possible if you suspect negligence.
Speak with Hillstone Law Today
At Hillstone Law, we have helped patients and families across California pursue justice after being harmed by negligent medical care. If you suspect you have a medical malpractice case, don’t wait.
Contact us today for a free consultation to discuss your situation and learn how we can fight for the compensation you deserve.
