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Proving Breach of Duty in a Medical Malpractice Case

By Sean Burke on April 18, 2016

Doctors looking at a patient’s chartDoctors and other medical professionals are generally well respected in society. We count on these people to care for us and our loved ones in an effective and professional manner and, generally speaking, they do just that. Unfortunately, there are cases in which patients actually end up worse off after receiving medical treatment, and this can often be linked back to medical malpractice. Medical malpractice cases are those that result in physical and emotional losses due to substandard care received from a medical professional. An experienced medical malpractice attorney, such as Sean M. Burke, can compile a case so that clients can be justly compensated. One aspect of a medical malpractice is breach of duty. Sean M. Burke has handled medical malpractice cases involving breach of duty for numerous Orange County, CA clients, and has successfully collected substantial settlements for these individuals.

What Constitutes Medical Malpractice?

Not all medical treatment turns out the way a patient may hope. Unfortunately, many medical treatments and procedures involve a degree of risk. Patients should understand these risks prior to undergoing medical care and should provide their consent to undertake these risks. That being said, not every case of illness or injury due to medical care can be classified as a case of medical malpractice. In order for a patient’s situation to be classified as medical malpractice, the following four conditions must be met and proven:

  • The acting physician or other medical professionals were obligated by law to treat the patient
  • The acting medical provider breached their duty
  • Errors in treatment caused injury to the patient
  • The injuries suffered by the patient resulted in physical and emotional losses

Proving Breach of Duty

Breach of duty is one of the most important aspects of a medical malpractice lawsuit. Essentially, breach of duty shows that the injuries that were suffered were not a normal potential risk of treatment, but rather the direct result of substandard medical care and treatment on behalf of the treating physician or medical professional.

There are very specific rules and laws that apply to different types of medical treatment, but it can still be difficult to prove breach of contract. These complex cases are made even more difficult due to the fact that hospitals and doctors often have a team of experienced attorneys ready to defend them. For a person to have the best chance of proving breach of contract (and medical malpractice), it is important to work with an attorney that is skilled in the field of medical malpractice. Sean M. Burke and his team will work to prove breach of duty by gathering evidence and collecting witness testimony from other experts and professionals in the field.

Contact Us

If you were injured while under the care of a medical professional and you believe that it was due to a case of medical malpractice, it is important to discuss the details of your case with an attorney who is experienced in this field of law. Contact us at The Law Offices of Sean M. Burke to discuss your situation with one of our experienced medical malpractice attorneys. We look forward to hearing from you.

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