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What Should I Do After a Medical Malpractice Injury in California?

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29th Jul 2021




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According to a study done by Hofstra University, California is one of the top four states in which medical malpractice is most common. Malpractice in the medical field is typically defined as a lapse in judgment, skill, coordination of care, or diagnosis. It includes system failure that leads to death and preventable complications of medical care. A malpractice lawsuit is generally based on the negligence of the healthcare professional. This negligence is defined by the failure to perform reasonably given the current medical standards of conduct.

What constitutes medical malpractice?

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Four criteria must be met for a malpractice case to be valid. While this definition may seem clear-cut, the best way to determine the circumstances of your case is by consulting with a California personal injury lawyer who is well-versed in malpractice cases in the state of California. Some California law offices, like The May Firm, offer free consultations to injury victims who may want to pursue a personal injury claim. The following four elements are the defining factors of medical malpractice due to negligence:

  • Causation
  • Harm
  • Duty
  • Standard of Care

Consider seeing another medical provider

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Your medical records may play a pivotal role in your case. To ensure a successful outcome in your malpractice claim, it is best to distance yourself from the doctor who is the subject of your personal injury claim. If you cannot do so, be cautious not to mention your contemplation of a malpractice suit. If you require ongoing medical treatment, ask for a referral to another physician.

Suppose your medical provider is aware that you are considering filing a malpractice lawsuit. In that case, they may consider this situation when recording your visits or treatment notes. Your health is much more important than your case. Continue receiving the medical care you need regardless of case status.

Document your care thoroughly

Often, patients can request and obtain their medical bills and records online. Check to see if your practicing physician has an online portal through which you can request copies of your medical records. You do not need to disclose the reason that you need a copy of your records. Another excellent way to document your care is by keeping a journal. In this journal, you can record the incident, your injuries, your treatment plan, and any follow-up care. Having a solid timeline of details will help your personal injury attorney piece together your case for evaluation.

Consult with a personal injury lawyer

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Legal representation is essential in a malpractice case. The laws and regulations which govern medical treatment can be intricate. Knowing your legal rights is vital to taking the correct steps in the malpractice lawsuit process. Many injury victims in this situation have already suffered emotional distress as a result of malpractice. Retaining the trusted services of a personal injury attorney can help alleviate some of the stress that accompanies an injury case. The first step in your injury claim is obtaining a consultation from an experienced California law firm. You should not have to suffer financial damages or hardships regarding your health due to a medical provider's negligence.

Medical expenses can be detrimental to a person's finances. You may be hesitant to seek legal representation due to the expenses you have already incurred. However, a personal injury lawyer can examine your circumstances and help you obtain fair compensation. The funds you receive either from an insurance company or a lawsuit can be used to rectify your economic damages. An injury victim may use compensation to pay for medical damages, get corrective treatment, and afford financial security despite the time spent off work. Laws and regulations surrounding healthcare differ from state to state. For this reason, it is crucial to seek legal advice from an experienced law firm in the state of California.