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What is Medical Malpractice in California?

What is Medical Malpractice in California

In the State of California, medical malpractice involves negligence committed by a healthcare provider when rendering services to a patient. In order to file a personal injury case and win, it is important to demonstrate that the negligent action must have been the proximate cause of the patient’s damages. If you or someone you know was recently hurt by a licensed medical professional, speak to an established attorney who can review the medical malpractice case and determine its validity.

A vast majority of people believe that by visiting a doctor’s office, a solution to one’s medical issues will occur. Unfortunately, some patients visit their doctor and discover that complications happened because of the visit. This is considered medical malpractice and it can happen as a result of a wide range of scenarios from surgical errors to a misdiagnosis. Those responsible for the complications can include general practitioners, plastic surgeons, and even cardiologists. In order to determine if you have a valid medical malpractice case, obtain the qualified legal representation of a skilled attorney who can help answer your questions. The attorneys at Milligan, Beswick, Levine & Knox, LLP can provide the proficient legal counsel you need.

Milligan, Beswick, Levine & Knox, LLP has championed on behalf of injured patients for many years. Under California law, negligent medical care providers can be held responsible when their actions were a direct cause of their patient’s injuries. Unfortunately, it is very difficult to bring a case forward and hold the wrongdoer accountable. For this reason, Milligan, Beswick, Levine & Knox, LLP works tirelessly and aggressively to ensure injured patients receive the compensation they deserve. After you were injured in a medical setting – fight for the justice you deserve. Consider obtaining the support of Milligan, Beswick, Levine & Knox, LLP. Arrange a free case evaluation today by completing the quick and confidential contact form found here.

California’s Law on Professional Negligence

Under the state’s Code of Civil Procedure §3333.1, a medical malpractice case requires the following:

  1. That a reckless action or inaction was committed by a medical practitioner;
  2. The medical practitioner was rendering his or her professional services to the affected patient;
  3. The reckless action was the proximate cause of the patient’s injury or death;
  4. The services rendered were within the scope of services for which the medical professional is licensed for; and
  5. The services are not restricted by the hospital or the agency that is licensing the medical professional.

Common Forms of Medical Malpractice

Just a few years ago, researchers from Johns Hopkins University published a study that indicated that the third leading cause of death in the entire country was preventable medical errors. Although the exact number is not known, it is estimated that more than 250,000 Americans lose their lives every year as a result of medical mistakes. Aside from this, millions of other patients are injured each year for the same reason. The following are just a few common examples of what a medical error can be.

  1. Diagnostic Errors

A diagnostic error can happen in a number of different ways, including:

  • A delayed diagnosis,
  • The failure to diagnose, and
  • A misdiagnosis

A diagnostic error can happen when a provider does not complete a thorough exam or fails to order testing for the patient. This can also happen when the doctor fails to interpret the test results prudently.

  1. Errors in Surgery

These errors include errors in the surgeon’s performance during an operation, such as operating at the wrong site or even performing an incorrect surgery. A surgical error can also happen when the surgeon left instruments inside the patient’s body. More commonly, however, surgical errors happen when the surgeon failed to monitor the patient once the procedure was complete.

  1. Anesthesia Errors

Anesthesia is commonly provided to patients for many different forms of procedures. Specialized medical professionals have to ensure they provide the right medication for each patient. When an error with anesthesia happens, this can result in brain damage, irreversible disability, and sometimes even death.

  1. Errors in Labor and Delivery

Many complications can arise for both a mother and her baby during labor and delivery of the baby. While labor and delivery is a very delicate time, mistakes during this time still happen as a result of medical negligence. A mistake in labor and delivery can cause long-term disabilities for the infant and mother.

Awards Typically Available in a Medical Malpractice Case

Every medical malpractice case is different since every injury and situation surrounding the injury will vary from case to case. For this reason, the damages available in each case will also vary. With that said, however, there are common types of awards that are available when a person is injured by a medical professional. Some of these include, but are not limited to the following:

  • Costs associated with future medical treatments,
  • The loss of wages and earnings,
  • The loss of earning potential,
  • Stress and emotional distress,
  • Pain and suffering, and
  • Wrongful death

 Hire a Well-Established Medical Malpractice Attorney Today

Proving medical negligence in a medical malpractice case is a very difficult process. If you or a loved one was recently injured or an injury worsened as a result of the reckless behavior of a medical professional, consider obtaining the support of an established medical malpractice attorney.

Over the years, Milligan, Beswick, Levine & Knox, LLP has championed on behalf of injured patients, helping them secure the monetary compensation they deserved following the negligent incident. After being injured while under the care of a medical professional, consider obtaining the support of Milligan, Beswick, Levine & Knox, LLP. You can schedule a free complimentary consultation with the law firm by completing the online form found here.

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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.