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Steps To Prove Medical Negligence In California

Steps To Prove Medical Negligence In California

by | Oct 17, 2023 | Personal Injury

Steps to Prove Medical Negligence in California

Proving medical negligence or malpractice is no easy feat. Health care comes with inevitable challenges, such as the potential for complications and extreme unpredictability. The human body is complex, and despite how far our understanding of medicine has come, there are still many unknowns. Despite these inherent risks, medical professionals may be found responsible for any injury that occurs as a result of their negligence. This is called medical malpractice.  If you believe you are a victim of medical negligence give us a call at 888 964-1530 or reach us here  .

What is Medical Malpractice?

Medical malpractice occurs when a doctor or other healthcare professional makes an error or acts negligently and injures a patient. The concepts of malpractice and negligence have only a small differentiation. Both involve a standard of care that is unmet, but anyone can be liable for negligence, and malpractice applies only to certain professionals, like nurses, doctors and hospitals.

In California, medical malpractice is also often called professional negligence and is described as a health care provider’s professional negligence that led to injury or death. Something like this can occur in any number of scenarios, but some of the more common examples of medical malpractice in California include:

  • Misdiagnosis
  • Failure to diagnose
  • Misreading lab results
  • Unnecessary surgery
  • Surgical mistakes
  • Incorrect medication
  • Ignoring symptoms

If you or your loved one have been injured at the hands of a doctor or other healthcare provider, contact the Law Offices of Michael D. Payne. Mr. Payne has extensive experience advocating for victims of medical malpractice, and he will listen carefully to the details of your case and help you make an informed decision. Contact at 888 964-1530 or reach us here for a consultation on your matter .

Building a Medical Malpractice Case

A medical malpractice claim can be made against more than just doctors and surgeons. California laws apply to every healthcare facility and provider. This includes:

  • Hospitals
  • Physicians
  • Nurses
  • Psychologists
  • Pharmacists
  • Laboratories

Determining how much money to seek in your medical malpractice claim needs to be handled carefully. The compensation you ask for should consider more than just your immediate financial needs or medical bills.

In California, your medical malpractice claim may entitle you to compensatory damages, such as home health care, lost wages, future medical needs, hospital bills, occupational therapy, counseling, and pain and suffering. California does limit the amount of non-economic damages an injured party can receive.

If you have questions about the types of damages you can recover or want to discuss your case with a medical malpractice lawyer, contact Michael D. Payne. His decades of experience earned him an appearance on CNN, and he is ready to put his expertise to work for you.

Proving Professional Negligence

If a doctor or other medical provider does not use a reasonable level of care and skill, they may be considered negligent. Healthcare professionals and hospitals owe a duty of care to their patients but proving professional negligence is a challenging task. Medical malpractice cases often utilize expert witnesses to determine the duty of care, but the existence of the standard is only one element.

A medical malpractice case must have the following elements:

  • A duty to use a reasonable standard of skill and diligence
  • A breach of that duty
  • The breach caused injury
  • The injury caused a victim to suffer a loss or damage

California case law has established that the victim must prove that the health care provider’s negligence is a probable cause of their injury. Probable cause exists in these cases when there are no other reasonable causes and when negligence is more likely than not what led to the injury. The evidence must prove that, had the defendant not acted negligently, the injured party probably would have had a better medical outcome.

It is important to note that causation in medical malpractice cases centers around reasonable medical probability, which can often be established by expert witness testimony, but proving this can be more difficult than many people realize. Each case is unique and will require a personalized approach, but here is a generalization of what the steps are to proving medical malpractice:

  • Document everything
  • Contact a medical malpractice lawyer
  • Determine which medical provider is responsible for your injury
  • Calculate the amount of damages you will request
  • Identify a qualified expert witness
  • Present evidence that establishes negligence according to California laws

Having someone in your corner who not only understands California medical malpractice law and procedure but who also truly cares about your well-being and recovery can make a major difference in your case. Michael D. Payne is a well-respected and accomplished attorney who will be your fiercest advocate. You can receive the legal representation you need without worrying about any upfront costs because you won’t owe any legal fees unless Mr. Payne wins your case. Call 888-964-1530 or visit to schedule a free consultation.