Medical Malpractice

Medical Malpractice Cases in California

Medical malpractice can occur in many ways and be committed by doctors, nurses, dentists, surgeons, anesthesiologists, pharmacists, therapists, psychiatrists, chiropractors, and any other medical professional. 

Cases involving medical malpractice can include but are not limited to:

  • Emergency room errors
  • Surgical errors
  • Anesthesia errors
  • Intensive care injuries
  • Failure to diagnose
  • Misdiagnosis
  • Medication errors
  • Pharmacy errors
  • Birth and neonatal injuries
  • Vaccine injuries
  • Radiation injuries
  • Infection, including sepsis
  • Pediatric errors and injuries

Understanding Medical Malpractice Claims

To succeed in a medical malpractice claim, it must be proven that the practitioner owed you a “duty of care,” that this duty of care was breached, meaning it failed to meet accepted standards of care in its field, and that you were directly harmed as the result. Because these cases deal with standards of care in the field of medicine and healing, they require the input of medical experts to testify on your behalf that errors or negligence occurred. 

For example, if a surgeon left a surgical sponge in your body after your surgery which led to infection and further complications, it would generally constitute medical malpractice. 

Compensation in medical malpractice cases is similar to those in other personal injury claims. Compensation can include past and future medical expenses, pain and suffering, emotional distress, lost wages/income, and any other out-of-pocket expenses related to the injury. However, medical malpractice cases in California are subject to caps on non-economic damages in both injuries and wrongful death. Non-economic damages are those that lack a tangible bill or invoice, such as pain and suffering and emotional trauma.

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