Drivon Turner & Waters,PLC

Proving liability in medical malpractice cases

Doctors spend years of their lives learning to provide medical care to individuals who suffer from health-related ailments. The rigorous course of study they complete and the assessments they must pass are designed to prepare California doctors to meet the needs of diverse patients and medical cases.

Many doctors provide superlative care to those under their charge and fulfil their duties to their patients. However, some doctors fail to provide adequate attention to those who visit their offices and hospitals and their failures result in their patients suffering harm. When a doctor commits negligence in the process of treating a patient that doctor may have committed medical malpractice.

To prove negligence in a case of medical malpractice a victim first must show that the doctor alleged to have committed the malpractice owed the patient a duty of care. A duty of care generally exists if the parties had a doctor-patient relationship.

If a duty existed between the doctor and the patient then the patient must show that the doctor's actions did not fulfil that duty. Generally this may be shown by demonstrating that the doctor did not act in accordance with the expected standard of care such a provider in the doctor's area of specialty should provide. If the physician fails to meet this standard of care, and harm to the patient results, the physician may be liable for medical malpractice.

Lawyers with experience in medical malpractice litigation are well-suited to discuss case-specific information with their clients, and to support them in their fight for compensation for their losses.

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