As a victim of medical malpractice in San Diego – the top 5 things you need to know are now listed here. Although we hear the term medical malpractice fairly often, it still causes a lot of confusion for people. So what is it and how do we know if we are a victim and have a case?
Medical malpractice itself means that negligent behavior by a medical professional, either do to a negligent act or an omission, causes harm to the patient. It could be in the form of giving the wrong treatment, misinformation about the illness or a complete misdiagnosis.
The basis of malpractice is what is known as the standard of care, which means that it is based on what a reasonable and intelligent medical provider would or would not do under similar circumstances. What it comes down to is whether the provider made obvious mistakes and was negligent in treatment.
In order to know if you have been a victim of malpractice here are the top five things you should know:
- Not every case is a good case that can be won in court. Bad things happen all the time, but to know if you have a case, you need to see a personal injury attorney to evaluate your individual circumstances.
- Understand that you can’t file a lawsuit if you’re just unhappy with the results. There has to be damage or injury and the fact that you did not receive the standard of care in your medical treatment.
- Even if you think there was a problem with your medical care, if you walk away without any lasting injuries or need for ongoing treatment, you most likely don’t have a case that can be won in court.
- Before you decide whether to file a lawsuit, be sure to review your medical documents. If you have signed a release, there will be information about the risks and benefits of the procedure so in order to have a case, you will have to have complications that do not fall within the acceptable risk of the procedure.
- Be sure to have all your documents. You will need your medical bills, photos of your injuries, copies of medical records, insurance information etc. so your attorney can carefully evaluate your case.
These are the top five things you should know about medical malpractice but when you’re not sure or have questions regarding whether you may have a case, give San Diego Personal Injury Attorney Deon Goldschmidt, Esq a call. With over two decades of experience and extensive experience in the field of medical malpractice, he can help you to determine if you have a case and if you do, win it.