Medical malpractice attorney | lawyer in Sacramento

Medical Malpractice

In order to prove a claim for medical malpractice, the patient must prove that the health care provider:

1. VIOLATED the standard of care;
   
   
2. that the breach of the standard of care CAUSED (causation)
   
   
3. DAMAGES to the patient.

What is the standard of care?

The standard of care describes a level of competence for the particular type of health care provider in the community. This level of competence required is not that of the top practitioners in the particular field of medicine. Rather, the analysis is whether or not the health care provider’s actions or inactions were reasonable in light of all the circumstances of the patient’s health.

What is causation?

If the patient is able to establish that the health care provider violated the standard of care, the next part of the analysis is to determine whether or not the breach actually caused harm to the patient. The easiest way to understand causation is to use an analogy: If you drive your vehicle on the highway at 100 miles per hour but nobody is injured as a result, you have violated the law, but you did not CAUSE damages to another citizen. However, if your vehicle crashes into another while travelling at this high rate of speed and you cause injury to your fellow drivers, your violation of the law has CAUSED damages to another.

Similarly, health care providers can make mistakes, or violate the standard of care without causing DAMAGES to the patient. In order for the patient to prevail in a medical malpractice action, he or she must prove that it was the violation of the standard of care that caused her injuries rather than some other factor such as an underlying medical condition.

What are damages?

Damages in medical malpractice cases vary greatly depending on the circumstances. Damages can range from slight injury or illness to death. In the State of California, recovery for “noneconomic” damages (pain, suffering, and emotional distress) are limited to $250,000 per person. Economic damages (wage loss, hospital bills, etc.) are limited to those actually incurred and those that will be incurred in the future.

How do I know if I have a medical malpractice case?

Medical malpractice cases can be difficult to detect. In order to prove your case in Court, your attorney will need to engage the assistance of expert witnesses to testify that the health care provider violated the standard of care, and that the violation caused you to suffer damages. Most clients are not qualified to determine whether or not malpractice has occurred, and should seek the advice of an attorney.

Contact our office to discuss your case

If you believe you have been the victim of medical malpractice, please contact our office to discuss your case. You can tell us about your case confidentially online, or call us at (916) 441-5566.