Being injured by a medical professional is not unheard of. Unfortunately, as an accident attorney, we do see some cases where people need to hire a personal injury attorney in San Clemente due to medical malpractice. Most people probably don’t know, that as patients, they do have rights. And it is completely acceptable to consult with a San Clemente bodily injury attorney, even if you think you don’t have a case. Consulting with a personal injury attorney can be extremely beneficial and may help to put your mind at ease. Plus, consultations with an Orange County personal injury lawyer are absolutely free!
Personal Injury Attorney
Personal Injury Lawyer – What is Medical Malpractice?
Medical malpractice is when the doctors who are assigned to your care fall below the standard of care in providing you with medical treatment. Simply put, if you have been injured due to the fact that a doctor was not practicing to this standard of learning and skill set that are to be demonstrated by the medical professional, you have every right to seek counsel from an accident attorney.
Personal Injury Attorney in San Clemente – How to Prove Negligence
Under California state law, it is up to the plaintiff to have substantial amounts of evidence to whether or not medical malpractice caused any damages.
“In a medical malpractice action, the evidence must be sufficient to allow the jury to infer that in the absence of the defendant’s negligence, there was a reasonable medical probability the plaintiff would have obtained a better result.” Alef vs. Alta Bates Hospital, 5 Cal.App.4th 208 (1992).
It is up to the patient’s personal injury lawyer to do this. Everything that your local San Clemente bodily injury attorney will need to prove your case, will include any and all medical records before and after the incident.
San Clemente Bodily Injury Attorney – Determining Damages
First lets define what the word “damages” means to your personal injury lawyer – damages refers to any loss that was caused by medical malpractice. California residents are entitled to past /future medical treatment, medical supplies, living care costs, loss of income, and the like. They are also entitled to pain and suffering damages – which is capped out at about $250,000. After speaking with a San Clemente bodily injury attorney, about your case, you will have a better understanding of the kinds of damages you are entitled to in order to recover from your injuries. An Orange County personal injury lawyer will most likely base their analysis on the medical malpractice that occurred, pain and suffering, cause of patient’s injuries, cost and extent of past, present and future medical treatment, etc.
With medical malpractice cases being very sensitive, it is likely that your case will require the opinion of an outside expert.
Accident Attorney – How to Help Your Case
As a personal injury attorney in San Clemente, we recommend that being proactive in the organization of the evidence and following any recommended medical treatment required. Make a timeline of when your symptoms began and the corresponding dates and keep these things in hand when you meet with your accident attorney. You want to make sure that you have all of your files in order and that you are maintaining medical records, extra living costs, etc. that were necessitated by a medical malpractice injury. Even being vigilant in keeping a pain diary so you will have accurate records of the impact of the injury, will greatly improve your case.
We know that it can be difficult and we are here for you. If you have been injured due to the negligence of a medical professional, you have rights. Please contact us to discuss your case. Consultations are free!