Suing a healthcare professional for medical malpractice in California can be a complicated process. Many individuals facing a medical malpractice case are not sure how to secure the damages they need. You may even wonder if you have to prove a doctor-patient relationship if you sue.
You can review the requirements for filing a medical malpractice lawsuit in California with the professionals at the Simmrin Law Group. Our personal injury lawyers in Los Angeles can work to bring you fair compensation if you were hurt due to a medical error. Learn more about how we can help by calling (310) 896-2723.
Medical Malpractice Cases and Doctor-Patient Relationships
In order to win a medical malpractice case in California, you must prove that you had a doctor-patient relationship with a healthcare professional. You may not be sure what constitutes a doctor-patient relationship. Generally, you are considered to have doctor-patient relationship if:
- You seek medical care from a healthcare professional
- The healthcare professional offers you care or treatment
Note that you do not retain a doctor-patient relationship with a physician indefinitely. A medical professional must be treating or caring for you at the time that the medical malpractice occurred in order for you to successfully resolve a medical malpractice claim.
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Many Healthcare Professionals Form Doctor-Patient Relationships
You can develop a doctor-patient relationship with many different medical practitioners, not just doctors and surgeons. Technically, you can have a doctor-patient relationship with any medical care provider. This includes:
- Physicians and physician’s assistants
- Nurses and physical therapists
- Dentists and optometrists
A doctor-patient relationship exists if any medical care provider offers you medical treatment or care. These providers have a duty of care towards their patients. We’ll discuss the duty of care in medical malpractice cases now.
You Have to Prove a Medical Professional Violated Their Duty of Care
You don’t just have to prove you had a doctor-patient relationship with a medical care provider when filing a medical malpractice claim in California. You must also demonstrate that a healthcare professional violated their duty of care by failing to provide you with an acceptable standard of care.
Healthcare professionals violate their duty of care if they do not offer reasonable medical care to their patients. For example, a medical care provider who fails to diagnose your condition correctly, or in a reasonable amount of time, could violate their duty of care.
A personal injury lawyer in Los Angeles can review your case to see if a medical care professional violated their duty of care to you. Allow the Simmrin Law Group to investigate your situation now by calling (310) 896-2723.
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Compensation for Medical Malpractice Cases in California
You may be entitled to compensation for your losses if your lawyer can prove that you suffered medical malpractice in California. Depending upon your situation, you could be awarded:
Economic damages are designed to cover quantifiable monetary losses suffered as a result of medical malpractice. You may receive economic damages to cover your medical expenses. Costs for prescription medication and physical therapy can be covered by economic damages. You may also receive payment for the time you lost at work while recovering.
Non-economic damages cannot be easily measured. These damages do not directly correlate to a monetary loss you sustained. Instead, non-economic damages may cover any pain or suffering you experience as a result of an act of medical malpractice.
Sometimes, the court system will award you punitive damages in medical malpractice cases. Punitive damages are designed to punish the medical care professional who committed an act of medical malpractice in California.
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Your Legal Options for Handling Medical Malpractice Claims in California
A personal injury lawyer in Los Angeles can help if you were mistreated by a medical care professional. The team at the Simmrin Law Group can investigate your case, gather evidence, and work to show that you had a doctor-patient relationship with the healthcare professional.
We may be able to settle your claim outside of court, allowing you to move forward with your life. However, we also know what it takes to sue a medical care professional after an act of medical malpractice. Allow us to begin working on your claim today while you focus on recovery.
Contact a Lawyer to Prove a Doctor-Patient Relationship in California
You have to prove a doctor-patient relationship existed if you sue someone for medical malpractice in California. You must also prove that a medical care professional breached their duty of care towards you. Get help proving these facts by contacting the Simmrin Law Group now. We can provide you with a FREE case evaluation to review your legal options.
Call (310) 896-2723 or complete our online contact form to start working with a personal injury lawyer in Los Angeles.