Of the areas of law that the Gharibian Law team specializes in, medical malpractice can be the most complicated. Anyone can be the victim of medical malpractice, but the elderly in America can be especially vulnerable to this. It is important to stay diligent regarding all medical interactions and procedures, and to take the proper actions to hold medical professionals accountable for often deadly mistakes. In this post, we’d like to break down medical malpractice.
What is Medical Malpractice?
According to the American Board of Professional Liability Attorneys, medical malpractice is defined as:
“Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.”
This includes violating care standards and negligence. Instances of medical malpractice include unnecessary surgery, misdiagnosis, poor aftercare, failure to test, ignoring lab results, and more. If the actions, or inactions, of a doctor or medical professional lead to injury or further health complications, you can sue the medical provider for medical malpractice.
5 Medical Malpractice Facts
To better understand the impact of medical malpractice, here are 5 facts from the Personal Injury Center.
- There are approximately 15,000 to 19,000 suits filed each year in the US (and billions of dollars have been paid out to victims over the last 40+ years)
- The key to a medical malpractice case is that the medical professional must violate the general standard of care of a patient as set forth by the medical community
- Three things any successful medical malpractice case must prove:
- The plaintiff’s attorney must show that there was a breach of duty causing a lack of medical care that another healthcare professional would have used.
- There must be an emotional, or physical injury caused by the medical professional.
- There must be sufficient evidence that proves the medical professional caused the damage
- An expert witness will be needed to testify to your injury and also testify that the medical professional made an error that caused your injury
- Medical negligence is the 3rd leading cause of death in the US
Gharibian Law & Medical Malpractice
Medical malpractice is one of Gharibian Law’s legal focuses. Cases can be complicated and difficult to prove and the legal process can be long. That is why the Gharibian Law team takes these cases very seriously, working tirelessly to gather evidence, obtain the appropriate professional witnesses, and provide an experience for the plaintiff that limits further stress.
It is also important to note that the statute of limitations on medical malpractice cases in California is three years, or one year after the plaintiff discovers the injury. To win medical malpractice cases, hiring a skilled and experienced lawyer is key.
If you or a loved one have been the victim of medical malpractice or abuse, contact Gharibian Law (877-460-1187) today for a FREE consultation and the best legal representation.
