What Constitutes Medical Malpractice in California?
Mistakes happen, even in the medical profession, but when a medical professional commits an error as a result of negligence and this causes serious harm to a patient, legal recourse may be available. Claims for medical malpractice are nuanced – they have to be thoroughly assessed just to ensure the claim has legal standing and is allowed to be filed with a court. As complex and challenging as these cases are, it is important that injured patients understand that they have the opportunity to seek restitution for their damages. If you or a loved one is believed to have been injured as a result of medical malpractice, act swiftly and obtain the support of a knowledgeable medical malpractice attorney. With many years of dedicated legal experience, the attorneys at Milligan, Beswick, Levine & Knox, LLP can help.
Milligan, Beswick, Levine & Knox, LLP is a law firm that has extensive experience in the field of medical malpractice, helping their clients attain record-setting verdicts. Whenever a person receives treatment from a health care provider, the patient should expect to receive professional aid that is standard to the medical practice sought. When the aid deviates from the standard of care and the patient is injured, the responsible party should be held accountable for the victim’s damages. After being injured in a medical setting, consider obtaining the support of the attorneys at Milligan, Beswick, Levine & Knox, LLP. Schedule a no-cost case evaluation by completing the confidential form here.
How Medical Malpractice is Defined in California
In the State of California, patients can pursue a medical malpractice claim against health care providers when the provider has caused harm through an act of negligence or an omission. For the case to be successful, the following elements must be established:
- A physician-patient relationship existed between the parties,
- The physician violated his/her duty of care,
- The patient’s injury was caused as a result of the physician’s actions and/or omissions, and
- The patient suffered damages following the malpractice.
All health care professionals practicing in the state have a duty to provide their patients with a level of care that is referred to as a “standard of care”. Under California law, the standard of care is defined as the level of knowledge, care, and skill in diagnosing and treating the patient. This must be done in a manner that other reasonably careful medical practitioners would utilize under similar conditions.
When it comes to negligence in the medical profession, this can be any deviation taken from the expected standard of care when treating the patient. Negligence can include, but is not limited to:
- Failing to diagnose the patient or misdiagnosing him/her,
- Failing to order a C-section in a timely manner,
- Providing the patient with the wrong medication, and
- Making a preventable error during the patient’s surgery.
Statute of Limitations in Medical Malpractice Cases
When a person is deciding to file a medical practice case, it is important to be mindful of the statute of limitations. Based on current California law, patients have less than a year from the date of the discovery of the injury to file the claim or three years from when the medical error happened. Also, the law indicates that before the claim is initiated, the plaintiff must give notice to the health care provider.
Build a Successful Case with an Experienced Law Firm
Medical malpractice cases are difficult to pursue and they can be overwhelming for an injured patient. If you have been injured in a medical setting, allow a qualified attorney to advocate on your behalf while you focus on your healing.
The attorneys at Milligan, Beswick, Levine & Knox, LLP are exceptionally versed in medical malpractice cases. Through their support, you may obtain the monetary compensation you need to get your life back on track. Allow the attorneys at Milligan, Beswick, Levine & Knox, LLP to do the work for you. Consider scheduling a free case evaluation with the law firm today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.