HABERKORN & Associates

What is medical malpractice?

If you have seen a doctor, stayed in a hospital or received medical care of any kind in California, you are probably aware of the duty medical professionals have to their patients to offer adequate and competence service. This professional duty means that if a doctor, nurse or other medical provider is negligent, you have the right to take them to court for medical malpractice.

According to Forbes, medical malpractice is when a medical professional does not meet the standard of care in treating you. Malpractice can occur if you are misdiagnosed, given the wrong medication or anything else that would cause you harm occurs due to the actions of medical personnel. Not getting the outcome you want, though, is not malpractice. There has to have been negligence or wrong-doing.

It is important to gather all the information you can about your situation. You should get records of what happened, if possible. Also get records of your treatment afterwards. In some cases, the details may be cut and dry. For example, if it is well documented that your surgery was botched and there is clear and convincing evidence that it happened, such as physical proof, then it may be simple to prove malpractice. However, not all cases are that easy, so evidence is essential.

Doctors generally carry malpractice insurance to protect them against such claims, so you may be contacted by an insurance company. Many of these cases are settled out of court. This information is only intended to educate and should not be interpreted as legal advice.

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Haberkorn & Associates
2055 Woodside Rd., Suite 155 Redwood City, CA 94061
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