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Can a Healthcare Professional Be Sued For Providing a Poor Advice?

Posted by Inna Gorin | Nov 14, 2016

Needless to say, in case we are dealing with some kind of physical discomfort and have reasons to believe that we are suffering from some sort of condition, disease, or illness, the very first thing that most of us will do would be go to a healthcare practitioner.

Sure enough, we will be expecting that the doctor will provide us with some valuable advice on how to deal with the issue properly.

Doctors should diagnose the condition and offer proper treatment. We all know that doctors are a trained and highly skilled professionals who need to be very thorough and provide us with particular recommendations.

And even though an honest mistake cannot be deemed medical malpractice, in case we are talking about negligence that resulted in an injury, you have the right to file a lawsuit against the doctor.

Alleged negligence is at the foundation of any medical malpractice case. However, if a healthcare professional does not provide the patient with a certain level of care or simply gives poor advice, it still might not be enough evidence for a malpractice lawsuit.

Even the most experienced healthcare practitioner can give improper advice as an honest oversight.

Most people these days rely on doctors and asking them what to do in line with the symptoms they are experiencing.

Nevertheless, if a doctor will suggest a treatment that would leave a patient with negative or no results, it may serve as a basis for filing a medical malpractice lawsuit.

And if you wish to prove that it is a case of medical malpractice, you need to prove the following:

  • It is essential for you to prove that a doctor-patient relationship was well established when the doctor gave you poor advice, which resulted in an unfair treatment. In other words, you will need to provide substantial evidence, which would prove that it was your doctor, who consulted you on the matter.
  • It is also essential to provide evidence of medical malpractice on the part of the healthcare practitioner. This means that you will need to make sure that you have ample evidence, which would point out that the doctor was, in fact negligent – did not hear you out, did not look at your patient's chart, and did not ask you about the symptoms you may be experiencing.
  • It will not be enough to prove that the doctor was simply negligent. It is also necessary to prove that his negligence made matters worse. This means that the doctor's advice made your condition worsen.

If you can prove these three things, you may just have a case of medical negligence on your hands. There are plenty of reasons why it may have happened.

Perhaps the healthcare expert was distracted and did not pay enough attention to you, or the hospital mixed up the charts, which caused the doctor to provide you with a treatment that only made the matters worse. One way or the other, it is 100% clear that you already deserve to be compensated for it.

Proving medical malpractice may be very challenging indeed. After all, in order to prove it, you will need testimonials from a number of witnesses – other doctors, nurses and even patients.

This is why you need to hire a professional personal injury law firm in California in order to explain what kind of treatment would actually be helpful in your situation.

Proving such a case may be very tough, seeing how the doctor may have sincerely believed that the treatment could be right for you. Hence, it is important to have a professional Los Angeles personal injury lawyer by your side to help you choose the right strategy.

About the Author

Inna Gorin

Inna Gorin, the founding Partner of Injury Justice Law Firm modeled the Firm after her ideals and principles of what skilled, aggressive and tenacious representation of individual clients should embody. Ms. Gorin's mission is to level the playing field, and provide her clients with the same level...


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