OVER 400 Legal Answers to Frequently Asked Questions to a Variety of California Injury Issues and Legal Problems Associated with California Accidents
What is my case worth? What should I do after a bicycle accident? My car's brakes didn't function properly, do I have a case? Should I sign the insurance company's proposal? Some of your questions may have been answered already on Mark Blane's website. However, San Diego county accidents happen all the time, and all sorts of different questions about different injury scenarios can be raised by a person who is injured. As a result, this personal injury website is dedicated to answering your frequently asked questions about a variety of injuries, your legal rights, and what procedures you should follow. Just browse our frequently asked questions (FAQ) section (below) and look them up. If you have other or more specific questions, just send an email (Contact Us) and you will receive a reply without delay!
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MEDICAL MALPRACTICE: How would you define "medical malpractice?" What does that mean in California?
The phrase "medical malpractice" is a broad legal term generally used to describe any medical care, or medical treatment, lack of medical treatment, or other departure from the reasonable accepted standards of medical care in the community, or safety on the part of a health care provider that causes harm to a patient for a number of different things. In fact, examples of medical malpractice are too numerous to list here for this FAQ answer. This definition is true in all of the states, not just California.
You should know that medical malpractice can include the following items: a misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, or the like. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts, and special time frames apply in California in order to file a lawsuit against a negligent doctor, or medical provider or facility. Even more reason to contact a California medical malpractice lawyer in your area to help you.
MEDICAL MALPRACTICE LEGAL CLAIM: If I had a lawsuit against a California medical doctor, or any heath care provider for that matter, what would I have to prove in order to win my medical malpractice lawsuit against that doctor or medical provider?
Please keep in mind, there are many different types of medical malpractice claims out there; but, generally speaking, a claimant (person who files a medical malpractice lawsuit) must usually show the following items to win:
- 1. The health care provider owed a duty to the patient (duty of reasonable medical care);
- 2. The health care provider breached that duty (fell below the reasonable standard of medical care);
- 3. The patient suffered an injury, (actual damages as a result of the breach), and
- 4. The patient's injury was a proximate cause (legal cause) of the health care provider's breach to the patient - this just means "but for" the breach happening, the claimant would have otherwise been without injury.
A medical physician owes a duty of reasonable medical care (medical care that any patient would readily find in the community) to a patient once a "doctor-patient" relationship has been formed (this forms when the patient and doctor enter into an examination, or when the physician agrees to care for the patient, as examples). Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (eg. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. This is a three part punch. If the breach (duty owed) resulted in no harm to the patient, a claimant generally has no right to a legal recovery to anything. Also, keep in mind, special time frames to file a lawsuit apply in any medical malpractice legal action - you should consult an experienced California medical malpractice lawyer!!