What Constitutes Medical Malpractice in California?

Medical professionals can make mistakes. These mistakes can significantly affect the health and well-being of a patient, and they can even result in the loss of life. However, the medical profession deals with the human body, and complications do arise. What exactly constitutes a medical mistake revolves around not whether a person gets better or worse but rather whether or not the medical professional upheld the standard of medical care when providing treatment, as outlined by California medical malpractice law.

Definition and Types of Medical Malpractice

Medical malpractice is a form of negligence that occurs when a healthcare provider fails to deliver the appropriate standard of care, resulting in harm, injury, or even death to the patient. This can happen in various ways, each with potentially severe consequences.

Understanding the various forms of medical malpractice, including errors in diagnosis, treatment, and aftercare.

What is the Standard of Medical Care?

Before we delve into the four elements of negligence that must be present in order for a medical malpractice claim to be successful, we want to specifically examine the medical standard of care. Defining this term can be confusing, particularly when it comes to medical malpractice.

The medical standard of care looks at the total level of care that must be provided in a particular situation. This medical standard of care will examine the actions of the provider in question and work to determine whether or not a reasonably competent medical provider with the same or similar level of training would have done the same thing under similar circumstances. This is crucial in identifying instances of medical negligence.

For example, suppose there is a medical malpractice claim against a cardiac surgeon in San Francisco. When determining whether or not the surgeon upheld the standard of medical care, their actions would be compared to what a similarly trained cardiac surgeon in the US would have done in a similar situation.

In order to determine whether or not the standard of care was upheld, there will likely need to be multiple medical experts giving their opinion to the insurance carrier or during a medical malpractice trial.

Common Examples of Medical Malpractice

Medical malpractice can manifest in various forms, each potentially devastating to the patient’s health and well-being. Understanding these common examples can help patients identify possible negligence and take appropriate action. Here are some typical instances of medical malpractice:

1. Surgical Errors: These are among the most dramatic and dangerous forms of malpractice. Examples include operating on the wrong body part, leaving surgical instruments inside the patient, or performing the incorrect procedure.
2. Childbirth Injuries: Mistakes during childbirth can result in significant long-term harm to both the mother and child. Common issues include failing to diagnose medical conditions of the mother during pregnancy, improper use of delivery tools, and not responding quickly enough to signs of fetal distress.
3. Anesthesia Errors: Even a minor error in dosing or administering anesthesia can result in severe patient injury or death. Anesthesia errors may include failing to review the patient’s medical history for potential complications or failing to monitor the patient’s vital signs during surgery.
4. Misdiagnosis or Delayed Diagnosis: This occurs when a healthcare provider incorrectly diagnoses a condition or fails to diagnose a condition in a timely manner, potentially leading to incorrect or delayed treatment and harm to the patient.
5. Medication Errors: These errors can involve prescribing or administering the wrong medication, incorrect dosage, or a drug that interacts harmfully with another medication the patient is taking.
6. Failure to Treat: This type of malpractice occurs when a doctor correctly diagnoses a patient but fails to recommend or administer appropriate treatment promptly, often due to being overworked or understaffed.
7. Poor Follow-up or Aftercare: Proper aftercare is crucial for patient recovery. Neglecting post-operative care, failing to notice symptoms of infection, or not scheduling follow-up appointments can constitute malpractice.
8. Premature Discharge: Discharging a patient too early from medical care can lead to adverse health outcomes, particularly if the patient has not fully stabilized or if they do not receive proper instructions for home care.
9. Failure to Obtain Informed Consent: Doctors must inform patients about the potential risks of a procedure or treatment. Failing to obtain informed consent before proceeding with a medical action can lead to legal repercussions if the patient would have declined the treatment had they been properly informed.

Understanding these common examples of medical malpractice can empower patients and their families to advocate for safer, more accountable healthcare practices. If you suspect that you or a loved one has been a victim of medical malpractice, it is crucial to seek legal advice to understand your rights and options for recourse. A medical malpractice injury can have significant financial implications, including economic damages for medical expenses and lost wages.

Parties Liable for Medical Malpractice

In a medical malpractice case, accountability can extend beyond the immediate healthcare provider to include various parties whose actions, or lack thereof, contributed to the patient’s harm. Identifying all responsible parties is critical in pursuing a successful claim. Here are the primary entities that may be held liable:

1. Healthcare Providers: This is the most obvious category and includes anyone directly involved in the patient’s care, such as doctors, nurses, anesthesiologists, pharmacists, and other medical personnel. Liability arises when these professionals fail to meet the standard of care expected in their field.
2. Hospitals and Medical Facilities: Hospitals can be held liable for their staff’s actions under the legal doctrine of “vicarious liability,” which holds employers responsible for their employees’ negligence while on the job. Additionally, facilities may be directly liable for issues such as inadequate staffing, faulty equipment, administrative errors, or lack of proper protocols that lead to patient harm.
3. Medical Groups and Partnerships: Similar to hospitals, medical practices can be responsible for the actions of their members. If a practice fails to ensure that its staff meets necessary qualifications or adheres to safety standards, it can be held accountable for resulting malpractice.
4. Outpatient Clinics: These facilities, including urgent care centers and specialized clinics, may be held liable if their lack of coordination or oversight leads to patient harm, especially when handling cases that require higher levels of care they cannot provide.
5. Pharmaceutical Companies: If a patient’s injury is linked to a defective or unreasonably dangerous medication, the drug manufacturer might be liable. This can include failures in proper labeling, inadequate safety testing, or dangerous side effects not disclosed.
6. Medical Device Manufacturers: Companies that produce medical devices are responsible for ensuring their products are safe when used as intended. If a device fails and causes injury due to design, manufacturing, or marketing defects, the manufacturer can be sued for damages.
7. Contracted Medical Staff: Many healthcare providers work as contractors rather than employees. In such cases, the contractor and the entity that hired them might both be liable, depending on the circumstances of the malpractice.
8. Consulting Specialists: Specialists consulted for a patient’s care, whether in person or remotely, are expected to provide expert advice according to their specialty’s standards. If their failure to do so leads to incorrect treatment or diagnosis, they can be held liable.

Identifying and proving the liability of these parties often requires thorough investigation and expert testimony. A skilled medical malpractice attorney can help navigate the complexities of such cases, ensuring that all potential sources of negligence are considered and that the victim receives appropriate compensation for their injuries.

The Four Elements of Negligence

In order to understand what constitutes medical malpractice, we need to look at the four elements of negligence in the context of medical malpractice law. We want to explain this in a simple way, but please understand how complex these cases are and speak to your Santa Ana medical malpractice attorney before making any decisions about your particular situation.

1. Duty of Care: The healthcare professional, such as a doctor or nurse, has a responsibility to provide a certain standard of care to the patient (the medical standard of care mentioned above). They should act reasonably and skillfully, just like any competent medical professional would in a similar situation.
2. Breach of Duty: The healthcare professional fails to meet the expected standard of care. They do something or fail to do something that a reasonably careful medical professional would have done in similar circumstances. This could include errors in diagnosis, treatment, surgery, or providing proper follow-up care.
3. Causation: The breach of duty by the healthcare professional directly causes harm or injury to the patient. It must be shown that the negligent action (or inaction) of the healthcare professional directly led to the patient’s injury and that injury wouldn’t have occurred otherwise.
4. Damages: The patient suffers physical, emotional, or financial harm as a result of the healthcare professional’s breach of duty. This harm can include pain and suffering, medical expenses, loss of income, or other measurable damages.

Medical mistakes can occur in a wide variety of ways. This can include failing to take precautions to prevent patient falls, giving the wrong medication, operating on the wrong patient or wrong body part, failing to obtain patient consent, failing to obtain diagnostic testing, misdiagnosis, and more.

Steps to Take if You Suspect Medical Malpractice

If you suspect that you or a loved one has been the victim of medical malpractice, it is crucial to take immediate and appropriate steps to protect your rights and seek justice. Here is a step-by-step guide to navigating this challenging situation:

1. Document Everything: Keep detailed records of all medical appointments, treatments, medications, and communications with healthcare providers. Note dates, times, names, and what was discussed or administered. Documentation can play a critical role in supporting your claim.
2. Obtain Medical Records: Request a complete copy of your medical records from every healthcare provider involved. You have a legal right to these documents, and they are essential for reviewing what was done and identifying any deviations from standard medical practices.
3. Seek a Second Opinion: Consult with another healthcare provider to review your case and medical records. A second opinion can provide clarity on whether your situation might constitute malpractice and help you understand the medical aspects of your claim.
4. Contact an Experienced Medical Malpractice Attorney: Find an experienced medical malpractice attorney who specializes in these cases. Legal expertise is vital, as these professionals understand the complexities of malpractice cases and can offer advice on the viability of your claim and the best way to proceed.
5. Understand the Statute of Limitations: Be aware of the time limits for filing a malpractice lawsuit in your state. Missing these deadlines can permanently bar your right to sue for damages.
6. Keep All Receipts and Track Expenses: Collect receipts for all expenses related to the incident, such as medical bills, travel to and from healthcare providers, and any other costs incurred due to the malpractice. These records are important for calculating potential compensation.
7. Do Not Communicate Directly with the Parties Involved: Avoid discussing your suspicions or the details of your case with the healthcare providers or their insurance companies. All communications should go through your attorney to prevent misunderstandings and preserve your claim’s integrity.
8. Prepare for a Psychological Evaluation: Depending on the nature of your claim, you might need a psychological evaluation to document the emotional and mental impact of the malpractice. This evaluation can support claims for pain and suffering or emotional distress.
9. Maintain Privacy: Refrain from discussing your case on social media or with anyone outside of your legal and medical consultation team. Public statements can be used against you in your case.
10. Stay Organized and Patient: Medical malpractice cases can be lengthy and complex. Keeping your documents organized and maintaining patience throughout the process are crucial as your attorney navigates through negotiations or court proceedings.

Taking these steps will help ensure that you are well-prepared to pursue a medical malpractice claim and can significantly impact the outcome of your case.

Time Limit for Filing a Medical Malpractice Lawsuit

In California, the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date of the injury or one year from the date the injury was discovered, whichever comes first. However, there are important exceptions to this rule that potential plaintiffs should be aware of.

Why Choose Callahan & Blaine for Your Medical Malpractice Case?

Medical malpractice lawsuits can have a devastating impact on your health, finances, and overall well-being. At Callahan & Blaine, we understand the complexities of these cases and are committed to advocating for your rights. With over 40 years of experience, our firm has handled some of the most challenging medical malpractice claims in California. We know what it takes to prove negligence and secure compensation for your losses, including cases involving surgical errors, misdiagnosis, and more.

Our team of experienced trial lawyers will stand by your side, guiding you through each step, from gathering evidence to negotiating with insurance companies or presenting your case in court. Don’t navigate this challenging situation alone—contact us at (714) 241-4444 or use our contact form to schedule a consultation.