A health care provider must use the level of skill, knowledge, and care
in the diagnosis and treatment of patients that other reasonably
prudent medical professionals in the community would use in the same
circumstances. This level of skill, knowledge and care is often
referred to as ''the standard of care.'' Medical negligence or
"malpractice" occurs when a physician or other healthcare provider
fails to adhere to this medical standard of care, leading to injury or
death.
There are generally two different types of medical
malpractice. The first is when a physician actually commits an act that
is wrong. The other type of medical malpractice case occurs when a
physician fails to do something that is the appropriate standard of
care.
There are many type of health care professionals that can be liable for
negligent care and treatment. These include medical and osteopathic
doctors, physician assistants, dentists, chiropractors, nurses, and
other healthcare providers. There are also many types of injuries that
may result from a health care providers negligence. These myriad
injuries include birth defects, death, paralysis, loss of limbs, and
many more physical and emotional injuries. The injuries can result from
many acts or omissions, a few which include performing a surgery under
the standard of care, a failure to diagnose, a failure to properly
treat or properly prescribe necessary medications or instructions, and
a failure to provide proper informed consent to patients undergoing
certain medical procedures.
Medical Malpractice cases are some of the most complex and difficult
types of cases for a number of reasons. Cases are extremely expensive
to take to trial, jurors generally like doctors and do not want to find
them at fault, insurance companies will fight these claims to the end,
and depending on the type of malpractice, these cases can be very
difficult to prove. It is for that reason, that a highly qualified,
experienced and honest attorney, is necessary to handle a medical
malpractice case. If a case goes to trial, the Law Offices of Michael
Sabongui will use highly qualified and well respected medical experts
to address the reasons medical negligence occurred. In general, if a
lawsuit goes to trial, a judge or jury must determine the level of
skill, knowledge, and care that other reasonably careful health care
professionals would and should use in similar circumstances, based on
the testimony of the expert witnesses, which we will retain and use at
trial on your behalf.
Medical malpractice is one of the more complex areas of law. It is important to contact an attorney who is knowledgeable and experienced in this field. For those searching the web for information, the following links may be of assistance.
Law Offices of Michael Sabongui 1851 E. First Street, Suite 900, Santa Ana, CA 92705 3941 Brockton Avenue, Suite 8, Riverside CA 92501 Tel:(714) 335-0010; Fax:(760) 994-1373 Email: info@sabongui-law.com
DISCLAIMER
The information provided on this website is not, nor is it intended to be, legal advice, but merely conveys general information
related to legal issues that are commonly encountered. There are no guarantees of results or outcomes, and you should consult an attorney for individual
advice regarding your own situation.
This website does not create an attorney-client relationship, and
the contents of this website
should not be construed as an offer to represent you. Contacting us
does not make you a client of this firm. You are not a client
of this firm unless there is a mutually
signed agreement that our firm will represent you.
