Medical Malpractice FAQs
Hurt or Lose a Loved One to Medical Negligence?
Los Angeles Medical Malpractice Attorneys Are Available To Answer Your Questions
You expect that healthcare providers such as doctors, nurses, pharmacists and physician’s assistants take special care to uphold the appropriate standard of care when treating patients. While the majority of these professionals take this responsibility seriously, others fail to do so and patients face injuries as a result. If you or a loved one have been the victim of irresponsible healthcare professionals, then our Los Angeles medical malpractice attorneys are here to assist you.
At Karlin & Karlin, Attorneys at Law, we have provided the following answers to common questions we frequently encounter in our Southern California practice. Our medical malpractice attorneys are dedicated helping people in Los Angeles and beyond in the areas of personal injury and medical malpractice. We can help you get the results that you deserve. While there is no guaranteed outcome, having an experienced attorney by your side can greatly increase your chances of obtaining the settlement you deserve.
What Is Medical Malpractice?
Medical malpractice is a negligent act or a failure to act by a healthcare professional or provider. A negligent act becomes malpractice when the agreed upon treatment provided is substandard and causes the treated patient injury or death. When this occurs, you can file a medical malpractice claim. A legal professional can provide the representation you need to ensure that you are compensated for your losses.
Every healthcare worker who holds a license to work must uphold the appropriate standard of care set forth by the laws in their state. In order to have a valid medical malpractice claim, you must be able to prove that the following elements exist:
- Standard of care was not upheld
- Negligence of medical professional(s)
- Injury occurred due to negligence
When you visit a doctor or hospital, you expect your healthcare provider to take practical and timely steps to keep you safe. If this does not occur, you may be entitled to file a claim. However, these cases are complex, so always consult our Los Angeles medical malpractice attorneys.
What Is a Doctor’s “Duty of Care”?
A doctor must owe a “duty of care” to someone before his or her competency in performing their duty can be challenged. A doctor’s duty of care involves applying the same or similar degree of skill, care and diligence that a reasonably competent doctor would apply under like conditions or circumstances. When a doctor does not meet this standard, the doctor has breached the standard of care and may be held liable for resulting injuries or death.
When Can a Patient Claim Medical Malpractice?
Medical malpractice is not always fully visible and simple to define. If surgery or treatment yields different results than what the doctor intended, it does not necessarily mean medical malpractice has occurred. Instead, when a person learns that a medical provider did not follow accepted medical standards, they should then be concerned that medical malpractice has occurred. Many times, medical practice can only be discovered through consultation with an attorney experienced in handling medical malpractice cases.
What Can I Recover in a Medical Malpractice Claim?
If you were seriously injured as a result of the negligence of a care provider, the damages that can be recovered include both past and future medical bills, wage loss as well as pain and suffering. You may also be entitled to compensation for any disfigurement caused by the negligence. In wrongful death cases, damages also include medical bills, loss of support and aid for family members, as well as the loss of comfort, society and companionship that the victim would have provided to the surviving friends and family members had they lived.
How Long Does It Take to Resolve A Medical Malpractice Claim?
All cases have different facts and circumstances; therefore, it is not possible to give a timeframe or price tag on what exactly it will take to resolve a medical malpractice claim. Some cases may settle early on while others may require the filing of a lawsuit and litigation. Some cases are more complicated than others — especially those involving multiple parties — while others may be clear and simple. No matter what the case, having an experienced attorney by your side could mean a big difference in your results.
How Much Does a Medical Malpractice Attorney Cost?
Medical malpractice attorneys generally work on a contingency fee basis. This means you do not pay the attorney unless your case settled or settlement awarded. The amount of payment the attorney or law firm will receive may be a percentage of the awarded settlement and also may involve court costs and fees. Contact our medical malpractice attorneys for more information regarding our attorney fees in medical malpractice claims.
How Can Our Los Angeles Medical Malpractice Attorneys Help?
Medical malpractice cases are complex and require an experienced attorney for a better chance of success. Your attorney could help you prove your case by hiring someone to investigate the incident that caused your injuries. They also could request any medical records and documents related to your case and/or speak with your doctors about your prognosis. Once familiar with your case, your medical malpractice attorney will negotiate a settlement, file the appropriate court documents and even prove your case at trial.
If you or a loved one has been injured due to the negligence of a trusted healthcare professional, the Los Angeles medical malpractice attorneys at Karlin & Karlin are available to help you file your case in court. Contact us today at (866) 985-0393 to schedule a free consultation if you have further questions.