The term medical malpractice is a commonly heard phrase in this day and age, though, if you’ve never been involved in a medical malpractice suit, you might not know the definition of such an expression.

Medical Malpractice

When a medical professional is negligent with his or her healthcare, or treatment provided by a professional or provider was substandard and caused injury or even death, medical malpractice has occurred. Typically, in a medical malpractice case, the negligence is usually associated with the diagnosis, dosage of medicine, management of health or aftercare. Error in one or more of these areas is negligence. Thankfully, there are laws supporting medical malpractice. These laws provide a way for victims to gain compensation for harm resulting from their lack of professional treatment.

Example of Medical Malpractice

Let’s say you bring your daughter for a routine check up at your family practitioner to take a look at a deep gash your child sustained while playing outdoors. Your doctor rushes through the exam because his schedule was quite full that day. In haste, your doctor says your daughter will be fine and just to keep an eye on it.

Several days have passed, and the cut has become infected and increasingly painful. Upon a second opinion from another doctor, you find that several stiches and antibiotics should have been prescribed. Now, unfortunately, the deep cut has been infected and it’ll require several follow up treatments to ensure a safe recovery.

Your original doctor was negligent.

Elements to Negligence

Below you’ll find the elements to medical malpractice:

• Duty
  Once relationship between the doctor and physician has been established, it is the doctor’s responsibility to give the patient a certain duty of care.
• Breach
  The doctor is required to exercise reasonable care and treatment for his or her patient.
• Injury
  An injury, due to negligence, must be sustained.
• Damages
  The victim must suffer damages, whether economic or non-economic, because of the negligence.

We are the Attorneys for You

It’s important to understand that, while most personal injury lawyers claim to be trial attorneys, most of these types of cases are actually settled out of court. The attorneys of Teal Montgomery have the significant experience you need, both in the courtroom and out. We can show you the results to back up our claims of trial attorney and are prepared to take your trial to case if it is in your best interest.

The attorneys of Teal Montgomery have an in-depth knowledge of personal injury and medical malpractice law. We work to understand our cases in detail, including the experience of one of our attorneys who is also a physician. We maintain relationships with experts who help us build strong cases on your behalf.

Call 707-525-1212 (Santa Rosa Office) or 916-448-1010 (Sacramento Office) or Contact us today.