As with most medical malpractice claims, the injured party needs to prove that Kaiser was negligent in rendering their treatment. This involves proving that:
The patient was owed a professional duty of care;
Kaiser breached this duty of care in some manner;
The breach of the duty was the cause of the patient’s injuries; and
The injuries resulted in damages that can be measured and calculated.
Healthcare providers like Kaiser must always provide treatment within the standard of care; this means they must apply the same level of skill and knowledge that a similar provider would reasonably utilize in the same circumstances. If they fail to exercise the appropriate standard of care, and that failure causes measurable injury to the patient, it may be considered medical malpractice.
An example of this is where doctors are required to properly clean and prepare a surgery site prior to performing a procedure. If they fail to follow the proper cleaning standards, and the failure causes injury to the patient, there may be a case for medical malpractice.
Proving what the standard of care is and whether it was breached can be a complex matter that requires the explanation of an expert witness. At Vaage Law firm, we have the experience to handle such matters and have access to the top medical experts who can assist during trial.