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Most patients who are effected by medical malpractice, or medical negligence, never imagined they would one day be “plaintiffs” in a lawsuit. Any delay in realizing that medical negligence may have occurred, and that legal representation may be necessary, can have negative impacts on a patient’s ability to fully recover for the harms caused by such negligence. This topic is designed to provide some basic guidelines to patients who think they may be victims of medical malpractice.


According to California’s jury instructions, “A healthcare provider is negligent if he/she fails to use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful healthcare providers of that type would use in the same or similar circumstances. This level of skill, knowledge, and care is sometimes referred to as ‘the standard of care’” and is determined by the jury based only on the testimony of the expert witnesses who testify in the case. CACI 501.

This information is, of course, general. There is no substitute for personalized advice specific to your particular situation and circumstances. If you or someone you know even suspects the possibility of medical malpractice, it is important to speak with an experienced attorney immediately. Give us a call at (951) 682-6400 for a FREE CONSULTATION TODAY!

Mr. Irwin is a recognized specialist in Workers’ Compensation law. He has been certified as a specialist by the State Bar of California since 1995. He limits his practice to handling only workers’ compensation cases. View Attorney Richard Irwin's Attorney Bio Here.

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