How Do I Know If I Have a Medical Malpractice Case?

Medical malpractice cases are complex and happen far too often. According to a Forbes Advisor article on medical malpractice statistics, “California had the highest number of medical malpractice claims per capita, with 4,638 reports in 2022.” Proper representation in medical malpractice cases is crucial.

As a firm representing injury victims for decades, Bostwick & Peterson knows medical malpractice litigation can seem daunting. Our firm takes the time to ensure our clients understand their rights, the process, and what we are doing to help them obtain the outcome and compensation they deserve. In this video, our medical malpractice attorneys discuss everything you need to know to determine if you or a loved one have a medical malpractice case.

Understanding A Medical Malpractice Lawsuit

Medical malpractice lawsuits are a type of civil legal action in which the victim or their family seeks accountability for injuries or death caused by the health care provider’s failure to meet the standard of care. While the precise standard of care may differ, depending on the circumstances and the patient’s medical history, it is generally defined as the provider’s duty to act within the accepted standards of their profession or specialty. In other words, the healthcare provider must act as other reasonably skilled, careful, and knowledgeable providers would. If you believe you or a loved one have suffered harm due to a medical professional's negligence, it is important to contact a medical malpractice law firm immediately.

The case evaluation process is crucial from the beginning. When clients initially contact our medical malpractice firm, they speak with one of our highly qualified paralegals, who takes down the essential information. Afterward, multiple attorneys meet to review the initial intake of your information.

Attorney Involvement With Your Medical Malpractice Case

While the first contact with the firm might only last 10 or 20 minutes, the process becomes much more thorough once an attorney is involved. At this stage, one of our attorneys will dive deeper to understand the details of your situation and what might have occurred.

Our team will ask you to gather any relevant materials—photos, videos, reports—or anything that pertains to the case. We will also work to obtain all medical documentation necessary for our analysis as early as possible to prevent any risk of it being altered or lost. This documentation is crucial to helping the plaintiff prove:

The healthcare provider owed the patient a duty of care.
The provider breached that duty due to negligence or other medical errors.
The breach of duty substantially caused the plaintiff’s injury.
The plaintiff suffered actual damages because of the injury.

In addition to proving negligence (breach of duty), plaintiffs must also prove causation and damages. They need to demonstrate that a medical provider’s substandard care was more likely than not the cause of their injuries and that if a provider acted in a manner a reasonably skilled and careful provider would be expected to act, the patient would not have suffered the injury they did. Proving causation often requires plaintiffs and attorneys to work with medical experts who can opine (state their opinion) about how treatments aligned with the acceptable standard of care would have avoided the patient's injuries.

Medical Malpractice Attorneys Who Will Fight for You

Our California and Hawaii medical malpractice attorneys at Bostwick & Peterson are committed to being upfront and transparent. With our firm covering the costs of evaluating your case, there is no risk in contacting our attorneys. We are here to help you get the exact support that you require.

Our team has decades of experience handling these cases. We are prepared to help you handle any inquiries from insurance companies that may try to get you to receive less compensation. If an insurance company or investigator contacts you regarding your medical malpractice case, you can inform them that an attorney represents you.