Los Angeles, CA asked in Medical Malpractice for California

Q: What does a medical malpractice lawyer do?

Related Topics:
1 Lawyer Answer
Randall R. Walton
Randall R. Walton PRO label
  • San Marcos, CA
  • Licensed in California

A: A medical malpractice lawyer is a lawyer that sues health care providers for negligent care. In California, "health care provider" has a specific definition, but generally refers to doctors (M.D., D.C.), nurses, hospitals, and nursing homes. To determine whether care was "negligent," the medical malpractic lawyer will usually consult with experts in the relevant health field to determine whether the health care professional accused of malpractice "violated the recognized standard of care" in providing treatment to the victim. If the answer is no, even if there was some tragic outcome, there is probably no malpractice case. If the answer is yes, that the health care professional breached the standard of care, then there may be a viable malpractice case, and the lawyer may bring a civil action on behalf of the victim.

Medical malpractice cases in California are notoriously complex and difficult, partially because of California law, which provides many hurdles that victims of malpractice must overcome. This isn't the proper place to list them all, but the body of law is called the Medical Injury Compensation Reform Act (or "MICRA"), which heavily regulates medical malpractice cases.

2 users found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.