Medical malpractice generally means an avoidable error. It is a type of legal claim based on negligence. If a healthcare provider falls below the appropriate care required for their patient and it results in harm, they can be negligent. If you were hurt by a medical error, you might wonder what constitutes medical malpractice in California.

Kenneth M. Sigelman & Associates shares important information about what medical malpractice means, the current data for medical negligence, and what to do if you or a loved one was hurt by a healthcare provider’s negligence.

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California Medical Malpractice

Medical malpractice is based on the professional standards of California medical service providers. Medical malpractice may have happened if a provider’s actions or lack of action caused a patient injury, especially if other trained professionals could have avoided causing harm.

Here are some common medical malpractice incidents:

-Failure to treat,
-Surgical errors,
-Misdiagnosis,
-Delayed diagnosis,
-Broken or damaged equipment that affects test results,
-Infections,
-Birth injuries,
-Foreign objects from surgeries,
-Anesthesia errors,
-Medication errors,
-Early release from medical care, and
-Failures to refer to appropriate specialists.

There are other avoidable incidents that could qualify as medical malpractice. These issues can create many different types of issues, which can range from serious injuries to untimely death.

There are many ways a medical professional could fall short when providing patient care, and a medical malpractice attorney can help discuss whether you have a potential case for damages. If you’ve been hurt or harmed by a healthcare provider’s negligence, speak to a trusted attorney right away, even if you’re unsure if you have a winning claim. An attorney can help make sure you file a case in a timely manner before it’s too late.

Responsibility for Medical Malpractice

There can be multiple parties responsible for medical malpractice under California law. Medical malpractice cases can involve physicians, nurses, chiropractors, dentists, physical therapists, emergency medical technicians, paramedics, hospital staff, pharmacists, surgeons, and hospital administration.

An experienced attorney can help discuss the appropriate parties to include in a claim based on your unique situation.

California Medical Malpractice Statistics

Medical malpractice can happen basically anywhere that healthcare providers treat patients in California, and a malpractice claim can proceed against just about every type of California medical professional. From 1990 to 2017, the National Practitioner Data Bank states that California recorded about 56,000 actions against medical professionals.

According to the data bank, California saw 2,074 medical malpractice claims filed — the highest amount of reported cases across the country. About 16.9 medical malpractice cases are filed for every 100,000 California residents.

With a statewide population of over 39 million residents, that’s a significant number of negligence cases. This large number of claims against healthcare providers means people may lose trust in the healthcare system and need help if they’ve been a victim of a preventable medical error.

Consider Hiring an Attorney

If you or a family member was hurt by a healthcare provider’s negligence, an attorney can help build a compelling case to hold the medical provider responsible. An attorney can help:

-Comprehensively evaluate your case,
-Decide what legal claims to make on your behalf,
-Gather relevant evidence,
-Prepare legal documents to argue your position,
-Guide you throughout the process of bringing a claim,
-Protect your legal interests, and
-Provide compassionate legal assistance.

An attorney can make a substantial difference in your experience resolving a medical malpractice case. Consider retaining a trusted attorney familiar with the complicated medical and legal issues involved in your unique case.

FAQs

Do I Still Have a Medical Malpractice Case if My Doctor’s Actions Weren’t Intentional?

Yes, even if your healthcare provider’s actions weren’t necessarily intentional, you may still be able to pursue a case for financial recovery. Malpractice cases often involve negligence or unintentional errors, and if another provider facing similar circumstances could have avoided the error, you might recover — regardless of their intent. If a provider’s negligence harmed you, contact Kenneth M. Sigelman & Associates to help discuss your next steps.

What’s the California Statute of Limitations for a Medical Malpractice Claim?

You typically have only a short period of time to file a claim for medical malpractice. Under California Code of Civil Procedure §340.5, you must file your claim no later than three years from the injury date. If you miss the deadline, you may be barred from recovering financially.

There are some other statutory details and exceptions to address with an attorney who can help file your claim. Contact Kenneth M. Sigelman & Associates to discuss applicable deadlines.

What’s the Average Settlement for Medical Malpractice in California?

Medical malpractice settlements in California vary depending on the negligence that occurred, the injury’s severity, and the sustained economic damages. Typically, more serious injuries with higher medical bills (or a death) result in higher settlements.

An experienced personal injury attorney can help assess your unique case circumstances and help provide an estimate of its potential settlement value.

Are Medical Professionals Hired as Experts in a Medical Malpractice Case?

Yes, medical professionals can be retained by your attorney to help address the appropriate care that your provider should have followed and also to explain how your care deviated from the expected standard. To support your case, an expert can review your medical records, prepare a report of their expert opinions, and/or testify at trial as necessary.

An attorney can discuss whether they anticipate hiring any necessary medical professionals as experts for your case.

Contact an Experienced Medical Malpractice Attorney

The team at Kenneth M. Sigelman & Associates has extensive experience with complicated medical malpractice cases. If you have further questions or think we can help with your situation, please contact our office. Just off Interstate 5, we have plenty of convenient client parking.

Ken Sigelman, J.D., M.D., is both a licensed physician and an attorney. He uses his medical background to help California clients. Due to his understanding of the required appropriate care, he routinely holds California healthcare providers responsible if they give inadequate patient care. He’s committed to your recovery after an avoidable medical malpractice incident.

If you find yourself in need of a knowledgeable California medical malpractice attorney, Contact us today to schedule a no-cost initial consultation with an attorney.

What Constitutes Medical Malpractice in California?