Medical malpractice occurs when a medical professional is negligent either by acting or omitting to act and the professional negligence causes the treatment to fall below the standard of care used in the profession and the negligent treatment results in injury or death. For a medical malpractice case, a plaintiff must establish: 1) medical professional owed a duty of care to the patient 2) that duty was breached 3) the breach of duty caused an injury 4) damages resulted from the injury.
California Personal Injury
Personal Injury: Negligence
Standards of Care: Reasonable Person
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
Thomas Hogan Law Office
111 N Market St. #300
San Jose, CA 95113
Tel. No.: (408) 550-7200