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Monday, August 16, 2010

Los Angeles Personal Injury Lawyer An Overview on Medical Malpractice

brain injury lawyer Los Angeles

One complicated claim to prosecute is medical malpractice says brain injury lawyer Los Angeles. This is a claim that arises from an injury suffered from an unlawful deprivation of health and medical care that the patient is otherwise eligible for, or negligent behavior from the said medical provider. It usually involves a trial based on tortuous claims and follows a similar process to all other tort cases.

According to Los Angeles personal injury lawyer, all it needs in a medical malpractice case is for the plaintiff to prove the possibility of medical malpractice. It needs an incident, and the plaintiff has the burden of proving that the deprivation or the negligence in part of the provider has resulted to injuries and losses of both lives and money for the plaintiff. However, the process is not so simple. It is not uncommon, for example, for both sides to present expert witnesses to defend their claims and counterclaims because medical issues are difficult to prosecute as compared to other types of litigation. Most of the times, the plaintiff may not understand the process, so it requires an expert witness to give a testimony in order for the claim to have some semblance of credibility. The defendant, on the other hand, has the advantage of being well-versed in the matter at hand says dog bite injury lawyer Los Angeles.


Medical malpractice claims are not limited to doctors or other health-care providers like dentists. Health professionals under the tutelage and supervision of the doctor can also be sued for medical malpractice. Just like the military introduced the command responsibility concept after World War II, the nurses and other employees under the “command” of the defendant are also qualified to become defendants in a medical malpractice case if they commit such acts. In other words, they cannot use the fact that they were ordered by their superior to do such things as an excuse. They have equal responsibility for their actions under the law.


Medical malpractice claims can be costly and damaging for the health professional as well says personal injury lawyer Los Angeles. That is why doctors always avail themselves of medical malpractice insurance policies. That is to protect themselves from possible losses as a result of a medical malpractice claim. Revocation of license is only one of the things they can expect if they have been proven guilty of negligent behavior while doing their jobs that has resulted into damages in part of the patient. If proven guilty, they’d also have to face the fact that they have to provide and compensate for the damages their actions have caused the patient.