What are the elements of a medical malpractice claim?

Medical malpractice occurs when a patient is harmed due to a medical professional’s negligence. In order to pursue a medical malpractice claim in California, the patient must prove certain key elements. First, the patient must be able to prove that the medical professional owed them a duty of care. This means that they must be able to demonstrate that the medical professional was responsible for providing a certain standard of care. Second, the patient must be able to demonstrate that the medical professional breached their duty of care. This means that they must be able to prove that the medical professional made an error or deviated from the accepted standard of care. Third, the patient must be able to prove that this breach caused them harm. This means that they must demonstrate that the medical error caused them some type of physical or emotional injury. Fourth, the patient must be able to establish damages. This means that they must prove that they have suffered losses due to the medical error, such as medical bills, lost wages, or pain and suffering. In order to prove a medical malpractice claim, the patient must be able to meet all of these elements. In California, medical malpractice claims are handled by experienced attorneys, who can help you understand your rights and determine if you have a valid claim.

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What are the elements of a medical malpractice claim?

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