Medical Malpractice

Medical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist hospital, or healthcare facility) to exercise adequate care, skill or diligence in performing a duty. The determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community.
It is important to remember that the duty of a medical professional is not the duty to cure, or even to guarantee a good outcome from treatment. Medical malpractice does not occur every time medical treatment is not successful. Rather, the duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. Medicine is not an exact science, and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or evaluated by a skilled doctor with the utmost care. A misdiagnosis becomes malpractice, however, if the doctor fails to get a medical history, order the appropriate tests, or recognize observable symptoms of the illness. In California in order to prove that you were injured due to the failure of a health provider you must show:(1) The health care provider failed to exercise a duty of care and (2) The failure was the proximate cause of the injury.
If you or a loved one has been injured as a result of possible medical malpractice, call The Law Office of John P. Rosenberg, PLC now at (818) 716-6400 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Information provided on this website is general in nature. No legal opinion is expressed or implied on any specific case or claim. No representation of any person is provided, and cannot be provided without a signed retainer agreement. For legal advice on any specific legal matter, the Law Offices of John P. Rosenberg, A Professional Law Corporation must be retained, in writing. No legal advice is provided for any matter outside of the state of California. Any results portrayed were dependent on the facts of a particular legal matter and results vary from case to case.
Please contact the Law Offices of John P. Rosenberg for a consultation in your particular case.
Copyright: Law Offices of John P. Rosenberg, A Professional Law Corporation. 2010.
All Rights Reserved.