Medical Malpractice

Medical Malpractice Lawyers & Attorney – AGT-Lawyers California

Medical malpractice is professional negligence by a health care provider such as a physician, chiropractor or pharmacist. Like other negligence claims, it refers to a health care professional’s conduct which falls below the accepted standard of care or practice of similar health care providers within the same medical community and which causes harm or injury to a patient.

Medical malpractice can include any of the following conduct:

  • Failure to diagnose a condition or disease

  • Failure to warn or advise a patient of the known risks of a procedure or prescribed drug

  • Negligent performance of a procedure

  • Negligent prescribing of a drug that leads to harm

  • Prescribing the wrong dosage of a drug, such as anesthesia

Proving Negligence By Medical Malpractice Lawyers & Attorney

Medical malpractice claims can be difficult to prove and the damages you may collect for pain and suffering are limited. 

To prove negligence, your medical malpractice attorney must prove by a preponderance of the evidence the following elements of a claim:

  1. The physician or health care provider failed to meet the acceptable standard of care exercised by similar practitioners under similar conditions and circumstances within the medical community in which he or she practices.

  2. The patient sustained a recognizable harm or loss from the negligent care.

  3. The damages are the result of the physician’s mistake, omission, misjudgment, recklessness or carelessness.

A physician’s conduct need only meet the acceptable standard of care or it may not constitute medical negligence. There may be multiple ways to treat a condition or a patient’s symptoms may not be so apparent for a particular diagnosis.

Also, you will need expert medical opinion from practitioners in the same medical field stating that the physician’s conduct deviated from the applicable standard of care. The defendant physician will have his or her own experts testifying to the contrary.

Responsible Parties — Medical Malpractice & Negligence

Along with a physician, a legal case for medical malpractice may be brought against other entities including the following:

  • Hospital or medical clinic

  • Local, state or federal agencies that operate hospital facilities

  • Nursing homes or extended care facilities (failure to provide adequate care or safe and hygienic conditions)

Nursing homes are heavily regulated and must meet stringent health and safety requirements. Unfortunately, nursing home abuse is not uncommon. 

To litigate claims against these entities, you need a skilled medical malpractice attorney who knows how to address these complicated claims.

Medical Malpractice Claims By Personal Injury Lawyer & Attorney

Personal injury lawyers from Tovarian Law handle the following types of malpractice cases:

  • Surgical errors

  • Birth Injuries

  • Failure to diagnose

  • Failure to warn of the risks of surgery or other treatment (informed consent)

  • Emergency room errors

  • Leaving a surgical instrument or sponge in a body cavity

  • Brain injuries from lack of oxygen (hypoxia)

  • Hospital or home treatment negligence

  • Nursing home abuse or neglect

Medical malpractice cases have different statutory deadlines regarding notice and filing than other personal injury claims, which also vary from state to state. If you feel you or a loved one may have a medical malpractice claim, it is essential that you immediately contact the medical malpractice lawyers at Tovarian Law.

An injury from the carelessness of a physician, chiropractor, podiatrist, hospital, nurse, nursing home or other health care provider can produce catastrophic injuries. Call our personal injury attorneys today for a free, no-obligation consultation. We have the necessary experience and the resources to properly handle a wide variety of cases resulting from suspected malpractice. Our medical malpractice lawyers in San Francisco, Sacramento, and San Jose are ready to help.