Suing for Medical Malpractice Claims in California

Find A California Medical Malpractice Attorney to Sue for Damages


Medicine is a highly unpredictable subject, and genuine errors can occur during medical treatment for various causes. It's unrealistic to expect every healthcare worker to anticipate every possible scenario, especially in the event of a medical emergency. Medical Malpractice Laws in California take unfortunate accidents and negligence into account to protect and compensate patients.


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What Is Medical Malpractice In California?


When a doctor, surgeon, anesthesiologist, nurse, or other healthcare practitioner makes a negligent error that causes harm to a patient, it is a violation of their professional obligation.


As a Personal Injury Case, you will need the following evidence to forward a Medical Malpractice Claim:

  1. A clear Doctor-Patient relationship. Before forwarding a claim, you should be able to prove that there is a prior arrangement between you and the doctor and that you have both agreed to it. For example, you cannot sue a doctor you overheard giving medical advice in an informal setting.

  2. The medical provider was provably negligent. As with most Personal Injury Claims, negligence should be an element in the case. If you sustained injuries as a natural consequence of certain treatments, you could not sue a medical professional who administered them.

  3. You sustained losses. Settlements and damages are meant to compensate or reimburse an individual who suffered losses due to a defendant's negligence. If you did not incur losses (such as extra hospital bills, actual psychological damage, or loss of income) due to a negligent incident, it wouldn't qualify as a Medical Malpractice Claim.

You could benefit from the skillset of a seasoned Medical Malpractice Lawyer in California.


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What Is Duty Of Care?

The legal requirement for medical malpractice or medical negligence is that the evidence should reveal the duty of care violation.

If the healthcare provider failed to meet the required level of care for a healthcare professional in their position, it is a violation of their duty of care. To put it in another way, the negligent healthcare practitioner did not meet the same criteria as other responsible and sensible healthcare professionals in similar situations.

When it comes to showing that a healthcare professional was negligent or violated the standard of care, things can get tricky. As a result, your California Medical Malpractice Lawyer will be required to present expert medical witness testimony and analysis.


Medical Malpractice and Non-Negligent Action: What's the Difference?

Medical malpractice can happen when a doctor or health practitioner fails to deliver treatment that meets the appropriate standard of care in a given situation. Simply because a favorable result was not obtained does not necessarily imply that the physician was negligent.

Negligence, or a breach of the duty of care, does not always imply a poor result. To decide whether there was negligence or a violation of the duty of care, an authorized medical expert must evaluate the circumstances of a given case.

Consult a California Personal Injury Lawyer to help you sort it out.


How Do I Know I Have A Medical Malpractice Claim in California?

Medical malpractice can occur in several ways. The following are the most common scenarios that might involve them:

  • Failure to diagnose the problem. To arrive at fast and accurate diagnoses for their patients, doctors must use dependable diagnostic instruments and methodologies. If a doctor fails to diagnose a patient due to an insufficient or inappropriate diagnostic technique, the patient's health is jeopardized, and the doctor is accountable for medical malpractice if the patient is harmed or care is delayed.

  • Misdiagnosis or delayed diagnosis. When it comes to establishing a patient's condition based on their recognized symptoms, medicine can be unreliable at times, and clinicians must rely on the process of elimination. If a doctor takes an unreasonable amount of time to diagnose a patient or misdiagnoses the patient, it could easily be considered medical malpractice if the patient suffers an injury.

  • Errors in pharmacies and medications. Pharmacists are responsible for filling prescriptions accurately when it comes to medicine type, name, brand, strength, and dosage. If a pharmacist makes a mistake with a patient's medication, such as giving them too much or too little, they can be held accountable for malpractice if the patient suffers injuries.

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  • Birth injuries. To prevent damage to newborn children and their mothers, medical professionals who help in birthing processes must use extreme caution. If a physician or nurse injures a baby or the mother during childbirth, one or both patients may suffer long-term consequences, including death.

  • Surgical mistakes. Operating on the wrong body part, forgetting or leaving surgical instruments and gauze within a patient's body, or any other surgical blunder might result in serious medical consequences. Medical malpractice occurs when a physician or surgical assistant makes an error that affects a patient in any way.

  • Errors that occur after surgery. After surgery, doctors and surgeons must offer patients with precise post-operative instructions and care. Failure to provide adequate post-operative care can easily result in the patient's injury.

  • Anesthesia errors. Anesthesia helps patients undergo procedures that they would not be able to tolerate if they were awake. When misused, however, anesthesia can be extremely harmful or even fatal. Medical negligence occurs when an anesthesiologist causes injury to a patient owing to an inappropriate dosage or other error.

  • Errors in emergency rooms. Even though the emergency department can be a chaotic environment for any healthcare practitioner, they must still use good judgment even in high-stress situations. An emergency room blunder could result in a patient obtaining inadequate or unneeded treatments, as well as delays in their recovery or other negative consequences.

Medical malpractice can lead to the necessity for more surgeries or treatments, as well as an increase in medical expenses and the exacerbation of previous injuries and illnesses.


A patient who has been physically injured due to medical malpractice may be unable to return to work for much longer than they anticipated, resulting in a financial burden due to their lost income.


It's critical to get legal advice after becoming the victim of medical negligence. If you want to get the money you need to recoup from these losses, consult a California Medical Malpractice Lawyer immediately.


Find A Medical Malpractice Lawyer in California


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