FAQ

In California, a medical malpractice is based on a claim of “professional negligence” which is defined as a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.  [Code of Civil Procedure 1295(2)]

To prove a case of medical malpractice, an attorney must demonstrate that a healthcare provider: Had a duty of care to the patient. Breached the standard of care (or acted in a way that a reasonable, similarly trained person would not have acted) That the breach, or error, caused actual harm to the patient.

Licensed healthcare providers which include nurses, nurse practitioners, physician’s assistants, and physicians. Since they are employed by a hospital or healthcare facility, the individual or the institution could be held liable.

Is the level of care and skill that the average doctor would provide to a patient who sought medical care.

Yes,  when a doctor makes a mistake, it may constitute medical malpractice.

Misdiagnosis or delayed diagnosis, medical errors, childbirth injuries, surgical mistakes, and anesthesia errors.

Establishing the provider-patient relationship, the medical standard of care, expert medical witnesses testimonies, link between medical negligence and patient injury, quantifiable proof of harm, proof “by a preponderance of the evidence”.  Misdiagnosis or delayed diagnosis, medical errors, childbirth injuries, surgical mistakes, and anesthesia errors.

Yes, when a doctor makes a mistake, it may constitute medical malpractice. 

Establishing the provider-patient relationship, the medical standard of care, expert medical witness’s testimonies, link between medical negligence and patient injury, quantifiable proof of harm, proof “by a preponderance of the evidence”.  Misdiagnosis or delayed diagnosis, medical errors, childbirth injuries, surgical mistakes, and anesthesia errors. 

 

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