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Frequently Asked Questions: Medical Malpractice
Frequently Asked Questions: Personal Injury
Article: Medical Malpractice
Millions of people visit their doctors or the hospital every year with no negative consequences. » More …
Medical malpractice is an act of professional negligence by a health care provider. In medical malpractice cases, the health care provider (doctor, nurse, intern, etc.) failed to follow the accepted standard of care or practice in some way, causing injury to the patient. Not every negative outcome of medical treatment equals malpractice - but if the health care provider failed to follow the standard procedures, that may lead to a malpractice claim.
Claims of medical malpractice practice come in several different forms, including the following:
- Surgical negligence: Performing an unnecessary or incorrect surgery, or failing to properly perform the required surgery
- Medication/treatment negligence: Prescribing or giving the wrong medication or treatment for a medical condition
- Diagnostic negligence: Failing to diagnose, or misdiagnosing a disease or medical condition
- Unreasonable delay: In treating a diagnosed medical condition
- Nursing negligence: Lack of quality and prompt attention in nursing care
- Oral/ dental surgery negligence: Performing wrong or faulty dental work
Every patient has a legal and ethical right to determine and direct what happens to her body, and, as a result, every physician has the duty to involve the patient in her health care by providing fully informed choices about healthcare alternatives. A patient who gives "informed consent" for a particular choice of healthcare has been fully informed of: the nature of the decision or procedure proposed; the reasonable alternatives to the procedure; and the relevant risks, benefits and uncertainties related to the patient's alternative choices. The information should be given to the patient in language that the patient can understand. If the patient is given this information, is competent to make a decision and understands the information, then her acceptance of a particular choice of treatment based on this information constitutes informed consent."
Not at all. Health care providers are not free to commit medical malpractice just because the patient signs a consent form. Even though consent forms show a patient's understanding that certain risks and complications may result from a given treatment or operation, a health care provider must still meet the accepted standard of care related to that treatment or operation. If you believe your health care provider failed to meet the appropriate standard of care, regardless of whether you signed a consent form, you should consult with an experienced medical malpractice attorney to help determine whether you have a viable medical malpractice claim.
A victim of medical malpractice can seek any or all of the following:
- The out-of-pocket cost of medical bills and expenses
- Loss of income
- Pain and suffering
- Loss of pension or other relevant benefits
- Debilitating emotional stress
- Disability
- Disfigurement
- Inconvenience
- Loss of consortium (for the spouse of the injured person)
- Wrongful death (if the patient died as the result of malpractice)
California places a cap, or limit, on the damages a medical malpractice victim can get for damages called “non-economic damages” – damages that are not related to losses that can be measured in dollars with certainty. Non-economic damages include damages for pain, suffering, inconvenience, physical disability, and disfigurement. An experienced, knowledgeable medical malpractice attorney should understand this limit and know how to work with it to maximize your recovery.
If you think you or a loved one has been the victim of medical malpractice, you should consult with an attorney as soon as possible. In California, adults have only one year from the date that they discover the medical negligence to file a lawsuit, with a maximum of three years from the date of injury in most cases. There is a slightly more flexible timeframe when the medical malpractice victim is a child. Nevertheless, because of the short time frames you have to file lawsuits in California, you should consult a qualified and experienced attorney as soon as possible.
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