Imagine taking a loved one to the hospital for chest pain. After an examination, the doctor says everything is fine and you both go home. But the next day, their condition worsens or they don’t make it. In that situation, what is the legal recourse you can take in California? Can you hold the doctor or the hospital liable?
The answer depends on whether the doctor’s actions met the applicable standard of care.
When is a doctor liable?
Under California law, a treating doctor is expected to diagnose patients like any other competent doctor would, showing a high level of skill and care. Failing to do so may expose the doctor to legal liability. If their negligence resulted in harm or death, it could be grounds for a medical malpractice lawsuit.
What challenges may you face in a medical malpractice claim?
Your success in a medical malpractice claim depends on whether you succeed in proving that the doctor failed to meet the accepted standard of care. It could be a difficult task, as it requires testimony from another qualified physician. Since hospitals often work to deny these claims, you may need to gather records, timelines and expert opinions to build the strongest possible case.
How an attorney may help
Determining liability in a missed heart attack case can be complex. Consulting with an experienced medical malpractice attorney can provide necessary clarity regarding your rights and potential options. They can help you navigate complex statutes of limitations, gather essential evidence and advocate effectively on your behalf.