What Is Considered Medical Malpractice?

A Quick Guide To Medical Malpractice Claims In California

A medical malpractice lawsuit can assist victims in receiving compensation for losses such as medical bills and physical and emotional pain and suffering when a medical diagnosis, treatment, or operation causes them harm. Not all medical errors, however, are considered malpractice. In addition, medical malpractice cases that are actionable must contain an element of negligence, either in the form of an irresponsible act or an act of omission, that has a negative impact on a patient's health.


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Medical malpractice cases have three things in common:

  1. The medical professional in question should have performed according to their duty of care. For specific conditions, certain medical standards are considered as the best course of treatment. Therefore, a patient may be a victim of medical negligence if a medical professional fails to meet this standard of care and delivers treatment that a similarly educated doctor or nurse would provide in a comparable situation.

  2. Injuries occurred as a result of the medical professional's negligence. Even if a medical professional breaches the standard of care in a negligent manner, that alone is insufficient to establish medical malpractice. The sufferer must additionally demonstrate that the carelessness caused the injury. A bad health consequence isn't enough to prove medical negligence; the patient must show that the damage would not have happened if the negligent act hadn't happened.

  3. The patient suffered considerable suffering as a result of the injuries. Medical malpractice claims are frequently tricky, time-consuming, and costly to litigate, necessitating voluminous medical records, depositions, and expert witness testimony. The damage and potential financial recovery must be significant for a medical malpractice lawsuit to be worth the time and effort it takes to prosecute.

Unlike Personal Injury Cases, Medical Malpractice cannot be proven simply by gathering evidence on your own. Instead, you will sometimes need certifications and examinations from other medical professionals to show that your injuries were, in fact, caused by the alleged at-fault party.

Contact a Medical Malpractice Lawyer in California to help you proceed with your claims. Your lawyer will be able to collect and organize the evidence and speak and negotiate with the important people involved in these types of cases.


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When Does Medical Malpractice Commonly Happen?

Medical malpractice is defined as "a dereliction of professional responsibility or a failure to exercise an accepted degree of professional competence or learning by a physician performing professional services that result in injury, loss, or damage."


In other words, a doctor (or any healthcare provider) must provide the same level of care that a reasonable practicing professional in the same situation would. It is deemed negligence if you do not satisfy this requirement.


The following are examples of medical malpractice:

Surgical errors

  • Failure to diagnose a patient's injury or sickness timely and adequately

  • Birth-related injuries

  • Carrying out treatment without asking for informed consent

  • Errors in prescription filling

  • Failure to sufficiently oversee an anesthetized patient

  • Mistakes in drug administering

  • Breach of the doctor-patient relationship's confidentiality

  • Injuries that occur as a result of a medical chart that isn't kept up to date.

Doctors, nurses, physician assistants, surgical technicians, nursing home staff, and other healthcare providers are among those who might be held accountable for medical negligence.

If you or a loved one has been hurt due to a healthcare provider's negligence, a medical malpractice lawsuit can help not just compensate you for your losses but also make healthcare services safer and more dependable. Contact a California Medical Malpractice Lawyer to help you build your case.

Who Can You Sue For Medical Malpractice?


When it comes to medical malpractice claims, each state has its own set of rules. However, all health care practitioners and facilities licensed by the state are subject to California legislation, which include:

  • Doctors

  • Nurses

  • Laboratories

  • Clinics

  • Podiatrists

  • Therapists

  • Hospitals

  • Anesthesiologists

  • Psychologists

  • Chiropractors

As long as you and the defendant have a patient-doctor or patient-health provider agreement, any negligence and malpractice that harms you are eligible for a Medical Malpractice Claim in California.

There Are Some Limits To Your Compensation In California Medical Malpractice Claims


You can seek damages for any actual costs you incurred due to your injuries in a personal injury lawsuit, as well as pain and suffering and other emotional distress.


You may be able to claim damages for the following:

  • Medical costs (including surgery, doctor visits, hospitalizations, medications, and other costs associated with your care)

  • Wages and income you lost due to the injury

  • Companionship loss

  • Assistive technology

  • Emotional distress

  • Pain and Suffering

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In a personal injury claim in California, you are able to seek two types of damages: economic and non-economic.

  1. Medical procedures and lost wages are examples of economic damages that have a specific monetary worth. Even if you don't know your future lost wages or medical expenses from an injury, an expert can calculate them using formulas and other methods.

  2. Non-economic harms aren't quantifiable in any way. Damages such as pain and suffering, physical pain and disabilities, psychological distress, and loss of consortium would be significant but challenging to assess its exact value.

Non-economic damages in a medical malpractice claim in California are limited to $250,000. Although there is no limit on economic damages, a medical malpractice plaintiff's non-economic loss cannot exceed $250,000.

Consult with your California Medical Malpractice Lawyer to help you calculate and fight for the compensation you deserve.

Find A California Medical Malpractice Attorney Near Me

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