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Proving Fault in Medical Malpractice Cases

By Sean Burke on January 01, 2014

Proving Fault in Medical Malpractice CasesWhen someone is injured because of an act of negligence, it is imperative that the negligent party be held accountable for that act of negligence. Serious injuries can have lasting repercussions that can negatively impact your overall quality of life for years and years to come. Because of this, it's important, that you speak with skilled personal injury attorneys to learn more about all of your legal options.

Right now, we want to focus on the nature of medical malpractice and how our lawyers can help you and your loved ones following acts of negligence by medical professionals.

What is medical malpractice?

Medical malpractice refers to cases in which doctors, nurses, surgeons, and other medical professionals act in a manner that does not serve the needs of the patient and leads to harm. In serious cases of medical malpractice, a patient can die due to negligent care.

Examples of Medical Malpractice

Some examples of medical malpractice include the following:

  • Mistakes during surgery (e.g., operating on wrong organ, leaving surgical instruments inside of the body)
  • Improper diagnosis or misdiagnosis
  • Delayed diagnosis
  • Prescribing the wrong medication(s)
  • Prescribing medication(s) with adverse side effects when taken with other medications

What does "proving fault" mean?

Proving fault is an essential part of the legal process when it comes to any claims of medical negligence. What this means is that medical malpractice attorneys must prove that the medical professional acted negligently in some fashion and that this negligent action led to the injury or harm that a patient sustained. In essence, proving fault means proving or determining responsibility for an incident.

This notion of proving fault applies to the personal injury lawsuit process in general, with fault having to be proved in auto accidents and premises liability cases as well.

What Our Medical Malpractice Attorneys Will Look For

Our legal team will consider all of the evidence of your case as well as the various circumstances leading up to the injury or harm in question. We will also consult with other medical experts to assess the nature of the injury and if it could have been avoided had the medical professional acted in a responsible manner.

When fault is proven, it's easier for members of our team to collect compensation on your behalf that will cover any losses while also punishing the responsible party for acting in the manner that they did.

Peace of Mind During the Entire Process

The legal process can be quite difficult and very nuanced, which is why it's necessary to have legal experts on your side who can provide expert counsel and help you understand all of your best options with regard to the litigation process. This peace of mind allows clients to concentrate on healing, or in the case of the death of a loved one, mourning.

Learn More About Your Rights in Medical Malpractice Lawsuits

For more information about medical malpractice lawsuits and how our legal team can be of assistance to you, be sure to contact our Orange County personal injury attorneys today. We will fight diligently to ensure that you and your loved ones receive just compensation for any losses or hardships that have had to be endured.

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