Professionals, including doctors, lawyers, accountants, architects, engineers, etc., must act with the knowledge, training, and skill (or ability and competence) of an ordinary member of the profession in good standing. Failure to perform to the minimum standard of a profession may make a professional liable for any harm caused by their action or inaction.
Success is not guaranteed
Professionals are not required to guarantee successful results, only that they will use the requisite minimum skill and competence. It can be difficult to prove that a professional’s negligence or incompetence led to failure and caused you harm. That’s why it’s important to contact an experienced attorney. An attorney can help you sort through the evidence and help you fight for financial compensation from the party responsible for your injuries.
Specialists
If a professional holds himself out as a specialist in a certain area of his profession, he will be held to the minimum standard of that specialty. For example, a doctor who holds himself out as a neurologist must perform to the level of the minimally competent neurologist, not to the level of the minimally competent general practitioner.
Informed consent
Doctors have a duty to disclose the risks of proposed treatment to the patient in advance of the procedure. This is often referred to as the rule of “informed consent” and requires that the patient be told of all the material medical risks that a reasonable patient would want to know under the circumstances. Material risks include things such as serious medical consequences as well as cosmetic consequences like the formation of an ugly scar. Failure to get the patient’s adequate consent is a form of malpractice.
Contact our Southern California Malpractice Lawyers
Our Southern California injury attorneys vigorously represent victims of personal injuries and malpractice. We know that it can be difficult to identify when malpractice has occurred. That’s why it’s important to contact an experienced attorney as soon as possible after you suspect malpractice. An experienced attorney can help you identify malpractice and sue professionals for their negligence.
Call 877-742-5290 to learn if you may be able to take legal action against a negligent professional today.