According to a recent study by Johns Hopkins University, more than 250,000 people die each year in the United States from medical incompetence, making it the third leading cause of death after heart disease and cancer.
Medical malpractice occurs when a hospital, doctor, or other health professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, after care or health management.
The difficulty of malpractice actions stems from a common jury misconception that a medical doctor or a medical provider must have intended to harm the patient for him/her to be held accountable. The duty of a medical provider is not whether he/she intended to harm the patient or not.
Rather, California Jury Instruction 501 defines the standard of care of a medical providers as follows “[a] medical practitioner is negligent if he/she fails to use the level of skill, knowledge and care in diagnosis and treatment that other reasonably careful medical practitioners would use in the same or similar circumstances.” The level of skill, knowledge, and care that other reasonably careful medical practitioner would use in same or similar circumstances, is based only on the testimony of expert witnesses.
Please contact the Law Office of Danny Soong or 1toplawyer.com, if you or any of your loved ones have been a victim of medical malpractice.