Medical Malpractice Lawyer
Medical malpractice happens when a doctor or another health care provider fails to competently perform their duties, causing injury or harm to the patient. Doctors, nurses, aides, and other medical professionals are trained to administer the best possible treatment to those in their care. However every year, hundreds of thousands become injured due to medical negligence and approximately 98,000 Americans die as a result of this preventable mistreatment. If you or someone you love may have suffered because of a medical mistake, it is vital that you find out about your legal options by consulting with David Sereno Law.
Requirements for a Medical Malpractice Claim
Not every unsatisfactory treatment or outcome qualifies as a medical malpractice case. To prove medical malpractice, the plaintiff would need to establish the following:
- Doctor-Patient Relationship – There must be proof that the patient was treated by the physician or healthcare professional.
- Breach of Duty – A breach of duty occurs when the health care professional does not meet standards of medical care. To be proven negligent, a medical practitioner must have failed to act in the same way that another practitioner would have in that situation.
- Causation – Malpractice cases often involve patients that were already sick or injured, so it is imperative that the plaintiff provide evidence that it is “more likely than not” that the doctor’s negligent acts directly caused the injury.
- Damages – Physicians cannot be held liable for medical malpractice unless the patient experienced additional damages such as additional medical expenses, lost wages or earning capacity, disability, disfigurement, or pain and suffering.
How We Can Help
As you can see, a medical malpractice claim is rather complex due to the required combination of legal and medical expertise. If you have been injured by a medical professional’s mistake or failure to act, do not let the legal process or potential costs scare you from getting the justice you deserve. An experienced medical malpractice attorney will understand medical documents, know which medical experts to consult for your case, and what questions to ask.
At David Sereno Law, we can provide the experienced legal help you need. Call us at (808) 242-5710 to schedule your initial consultation for free. As with all of our personal injury cases, we won’t charge you a legal fee unless we are successful in getting you money.
Your medical malpractice claim must be filed before an applicable expiration date, known as a Statute of Limitations, so please contact us right away so we can fight for your compensation and help make sure the same mistake doesn’t happen to another patient.