As a medical patient, you expect your healthcare team to provide you with the best care possible. It is reasonable to expect to receive accurate diagnoses and timely treatment options. If you have fallen victim to a negligent or careless medical professional, however, you may be faced with added injuries and could benefit from the help of a medical malpractice attorney in San Diego.
If you or a loved one has been the victim of a medical error, you may be entitled to compensation for your injuries and other losses. Let the skilled San Diego personal injury attorneys at Simmrin Law Group investigate your medical malpractice claim. They will determine your legal options and fight to get you the maximum recovery for your losses.
Forms of Medical Malpractice in San Diego
All healthcare providers in California are required to be licensed by the state’s Department of Consumer Affairs. To be licensed, these providers must meet standards for education, training, and experience, in addition to passing exams and background checks. These stringent standards are imposed to reduce the chances of errors made by healthcare workers.
Regardless of a medical provider’s education and training, they may act carelessly and make an error at their patient’s expense. When such negligence happens, a patient may be faced with serious injuries or even death. When medical practitioners fail to meet the required standard of care, they may have committed malpractice.
Medical malpractice can take many forms. The following are all examples of malpractice:
- Incorrect diagnosis or treatment of a medical condition
- Failure to diagnose or treat a medical condition
- Errors in prescribing or administering medication
- Botched surgery
- Injuries caused during labor and delivery
- Failure to obtain informed consent from patients prior to treatment
Keep in mind this list is not exhaustive. You should consult with a San Diego medical malpractice lawyer to determine whether you have a claim for which you could collect compensation.
For a free legal consultation with a medical malpractice lawyer serving San Diego, call (310) 896-2723
What You Need to Prove in a San Diego Medical Malpractice Case
Once a medical malpractice lawyer in San Diego determines you have been injured at the hands of a negligent or careless healthcare practitioner, they must prove it for your claim to be successful. For your medical malpractice claim to be proven, your attorney must demonstrate four legal elements:
- Duty of care: A professional duty was owed to the patient by the medical professional.
- Breach of duty: The duty of care was breached by the healthcare provider.
- Proximate cause: The patient’s injury was caused by the breach of duty.
- Damages: The provider’s breach of duty and the patient’s resulting injuries caused real, compensable damages.
In summary, your medical malpractice attorney must demonstrate by a preponderance of the evidence that your medical practitioner acted negligently in rendering care and that negligence resulted in your injuries. Your damages can be monetary or non-monetary. Our skilled lawyers at Simmrin Law Group will investigate your medical malpractice claim and collect evidence to prove the necessary legal elements.
San Diego Medical Malpractice Lawyer Near Me (310) 896-2723
Evidence that Can Prove Medical Malpractice in San Diego
There are several types of evidence that your San Diego medical malpractice attorney can use to help prove your claim. It is important that you keep all documents and records you receive that pertain to your medical care. Send these documents to your lawyer as soon as you obtain them.
The following documents can serve as evidence in support of your medical malpractice claim:
- Medical records and test results
- Evidence of your injuries
- Deposition testimony
- Testimony from witnesses
- Expert witness reports
- Records of your damages
- Prescription records
- Healthcare policies
All information showing your healthcare professional’s negligence, a breach of the standard of care, your injuries, and the damages you have suffered can be used to support your medical malpractice claim. Your personal injury attorney will request much of this information during the litigation process. However, it is important that you provide them with any documentation or photographs you have or receive, as well.
Options for Resolving Your San Diego Medical Malpractice Claim
While your medical malpractice attorney in San Diego is prepared to take your claim to trial if necessary, many cases are resolved through settlement prior to trial. Settling before a trial is more efficient and cost-effective than going all the way through the trial process. While it may be tempting to accept a settlement offer from the negligent party responsible for your injuries, it is crucial that you consult with our team at Simmrin Law Group prior to accepting any offer.
Our skilled medical malpractice lawyers are prepared to thoroughly evaluate your claim to determine future expenses you may be faced with because of your injuries. You probably have damages you are not even aware that you are entitled to recover. We can identify those and negotiate with the liable parties to help you acquire the maximum compensation possible.
Regardless of whether your medical malpractice claim settles out of court, before trial, or proceeds all the way through trial, it is vital that you have a San Diego medical malpractice attorney on your side to fight for you. Our experienced personal injury team at Simmrin Law Group will investigate your claim, collect the necessary evidence, and negotiate with the liable parties to get you the maximum compensation you deserve. Remember, it is your responsibility as the patient to prove that your medical provider caused your injuries through their negligent behavior.
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Why You Need the Help of a Medical Malpractice Lawyer in San Diego
Medical malpractice can leave you physically and financially devasted. Our skilled medical malpractice attorneys at Simmrin Law Group will take the steps necessary to prove your claim. We will fight to get you recovery for the losses you sustained at the hands of your healthcare practitioner.
Contact our team today for a no-obligation consultation to discuss your potential medical malpractice case. It will not cost you anything to meet with us to review your legal options. Let us help you get the compensation you deserve for your injuries caused by a negligent or careless medical provider, who you should have been able to trust to provide you with the best possible care.