Are you wondering how to prove medical malpractice in California? In California, proving medical malpractice takes more than simply showing that a medical outcome was unfavorable. Patients must meet specific legal standards and procedural requirements to establish liability.

If you believe you have been the victim of a medical malpractice incident in California, it is essential to understand the elements required to prove your case.

What Is Medical Malpractice?

Medical malpractice happens when a professional in the healthcare field fails to provide the level of care that satisfies the accepted standard in the medical community, and that failure causes injury or death.

Common examples of medical malpractice include:

  • -Misdiagnosis or delayed diagnosis
  • -Surgical errors
  • -Medication or prescription mistakes
  • -Birth injuries
  • -Failure to treat
  • -Anesthesia errors
  • -Poor aftercare or follow-up

California Medical Malpractice Statistics

It is important to look at statistics for medical malpractice across the state of California. These numbers provide insight into trends, as well as expected payout. For example, in 2023, there was a 26% increase in wrong-site surgeries from the previous year. This number highlights the increasing need for medical malpractice attorneys experienced in this area of the law.

Additional statistics include:

  • -Total Cases and Payouts: In 2024, California reported 981 medical malpractice cases, resulting in total payouts of approximately $317.13 million. This places California among the top states for total malpractice settlements.
  • -Average Payout per Case: The average payout per case in California was about $320,000.

The Four Elements of a Medical Malpractice Claim in California

To win a medical malpractice claim in California, the plaintiff has to prove four key elements:

  1. 1. Doctor-Patient Relationship (Duty of Care): The first step is establishing that a doctor-patient relationship exists. This proves that the healthcare professional owed the patient a legal duty of care. This element is usually straightforward and can be shown through medical records, appointment logs, or hospital admission documents.
  2. 2. Breach of the Standard of Care: In California, healthcare professionals are held to the standard of care expected from reasonably competent practitioners in the same field under similar circumstances. A breach occurs when the provider’s conduct falls below this standard. To prove this element, testimony is usually required.
  3. 3. Causation: It is not enough to show that the healthcare provider was negligent; you must also prove causation. This means that the breach of care was a significant factor in causing your injury. Causation can be challenging to prove, especially in complex medical situations where multiple factors might contribute to the harm.
  4. 4. Damages: Finally, the plaintiff has to prove that they suffered harm because of the malpractice. Damages can include medical bills, lost income or earning capacity, pain and suffering, emotional distress, disability, disfigurement, or wrongful death.

The Role of Professional Witnesses

In most California malpractice cases, professional testimony is legally required to establish both the standard of care and the breach. The professional must be qualified in the same or a similar field as the defendant and capable of explaining medical concepts to a jury.

Professional witnesses help clarify:

  • -What the standard of care was
  • -How the defendant’s actions deviated from that standard
  • -How the deviation caused harm

Without this testimony, most claims will not survive summary judgment.

The Statute of Limitations in California

California has firm deadlines for filing a medical malpractice claim. The general rule is that the claim needs to be filed one year from the date the plaintiff knew about the injury or three years from the date of the injury. There are exceptions to this rule, and missing the statute of limitations deadline usually results in automatic dismissal of the case.

Mandatory Notice of Filing

Before filing a claim, California law requires that the plaintiff give the healthcare provider at least 90 days written notice of their intent to file a claim. This notice must include:

  • -The legal basis of the claim
  • -The type of loss suffered
  • -The nature of the injuries

Filing the notice can temporarily toll the statute of limitations for up to 90 days.

MICRA: California’s Medical Injury Compensation Reform Act

When pursuing a medical malpractice case in California, it’s essential to understand the implications of MICRA, the Medical Injury Compensation Reform Act of 1975. MICRA places certain limitations on damages, such as:

  • -Cap on Non-Economic Damages: As of January 1, 2023, the cap is $350,000, increasing by $40,000 annually until it reaches $750,000 by 2033.
  • -Limits on Attorney Fees: Contingency fees for plaintiffs’ attorneys are capped on a sliding scale.
  • -Periodic Payments: In high-damage cases, courts may allow future damages to be paid in installments.

FAQs

What Are the Four Things That Must Be Proven to Win a Medical Malpractice Claim?

To win a medical malpractice claim, the plaintiff has to prove four key elements: a doctor-patient relationship existed, establishing a duty of care; the healthcare professional breached that duty; the breach directly caused injury or harm; and the patient suffered damages. All four elements must be proven for a successful claim.

What Qualifies for Medical Malpractice in California?

In California, medical malpractice occurs when a healthcare provider’s negligence causes injury or harm. This includes misdiagnosis, surgical errors, improper treatment, or failure to obtain the necessary consent. To qualify, the provider must have breached the standard of care, directly causing measurable damage. A valid claim also requires filing within the statute of limitations time frame.

How Hard Is It to Prove Medical Malpractice?

Proving medical malpractice is challenging. It requires showing that a healthcare professional breached the standard of care, directly causing injury or harm. Strong evidence, testimony, and clear documentation are essential. Legal procedures can be complex, making professional legal assistance crucial. Many cases fail due to insufficient proof or inability to link negligence to the injury.

What Is the Average Medical Malpractice Settlement in California?

The average medical malpractice settlement in California typically varies depending on the specifics of each case, such as the severity of the injury and the evidence presented. Generally, settlements may reach substantial amounts, especially when long-term care is required. However, outcomes differ widely, and each situation is evaluated on its individual circumstances.

Contact Us Today

If you or someone you know is considering filing a medical malpractice claim in California, it is time for you to get in contact with Kenneth M. Sigelman & Associates. Connect with us today.