Legal Definition of Medical Malpractice
Simply making a mistake or having an error in judgment does not necessarily constitute grounds for a medical malpractice claim. The specific definition for medical malpractice is a deviation from the accepted and expected standard of care in treating a patient. In other words, did your doctor or healthcare provider treat you in a reasonable and expected manner, as another in his / her position would have done?
Examples of medical malpractice include:
- Birth injuries, including prenatal misdiagnosis and cerebral palsy: These cases involve injuries to infants during labor and delivery, often due to medical negligence such as improper use of delivery instruments, failure to monitor fetal distress, or mismanagement of complications.
- Injuries caused by radiation exposure: Medical malpractice cases related to radiation exposure may occur when healthcare providers fail to properly administer radiation therapy, leading to burns, tissue damage, or other harmful effects.
- Surgical errors: This category encompasses a wide range of mistakes made during surgical procedures, including wrong-site surgery, surgical instrument left inside the patient, nerve damage, organ perforation, or anesthesia errors.
- Pediatric meningitis: Failure to diagnose or treat pediatric meningitis in a timely manner can result in serious complications or even death. Medical malpractice cases may arise if healthcare providers fail to recognize the symptoms or provide appropriate treatment.
- Anesthesia errors: Errors related to anesthesia administration can lead to complications such as brain damage, organ failure, or even death. These errors may involve incorrect dosage, failure to monitor the patient's vital signs, or administering anesthesia to patients with known allergies.
- Misdiagnosis / failure to diagnose: When a healthcare provider fails to correctly diagnose a medical condition or delays diagnosis, it can lead to unnecessary suffering, progression of the disease, or even death. Common examples include misdiagnosis of cancer, heart attacks, or strokes.
- Medication errors: These cases involve mistakes in prescribing, administering, or monitoring medications. Examples include over-medication leading to adverse reactions or under-medication resulting in inadequate treatment. In some cases, patients may suffer harm or death due to suicide from dangerous drugs, such as antidepressants with known suicidal side effects.
- Emergency room errors: Mistakes made in emergency rooms can have severe consequences due to the urgent nature of the cases treated. This may include misdiagnosis of serious conditions, delayed treatment, failure to order necessary tests, or errors in medication administration. Patients in emergency situations rely on timely and accurate medical care, and errors in the emergency room can lead to worsening conditions, complications, or even death.
Who is Liable for Medical Malpractice?
In California, several parties can potentially be held liable for medical malpractice, depending on the circumstances of the case. These parties may include:
- Individual Healthcare Providers: This primarily includes doctors, surgeons, anesthesiologists, nurses, and other medical professionals directly involved in the patient's care. If a healthcare provider deviates from the standard of care expected in their field, leading to harm to the patient, they can be held liable for medical malpractice.
- Hospitals and Medical Facilities: Hospitals and medical facilities can be held vicariously liable for the negligence of their employees, including doctors, nurses, and staff. Additionally, hospitals may be directly liable for issues such as inadequate staffing, insufficient training, or failure to maintain proper equipment and facilities.
- Medical Corporations or Groups: In cases where healthcare providers are employed by medical corporations or groups, these entities may also be held liable for medical malpractice if their policies, procedures, or oversight contribute to the harm suffered by the patient.
- Pharmaceutical Companies: In cases involving medication errors or defects in pharmaceutical products, pharmaceutical companies may be held liable if the medication was improperly manufactured, labeled, or marketed, leading to harm to the patient.
- Medical Device Manufacturers: Similarly, manufacturers of medical devices may be held liable for injuries caused by defective medical devices or equipment used during treatment.
- Other Healthcare Professionals: Besides doctors and nurses, other healthcare professionals such as pharmacists, therapists, and technicians can also be held liable for medical malpractice if their actions or omissions contribute to patient harm.
Your first step in finding out whether or not you have a claim is to speak with an experienced and knowledgeable medical malpractice lawyer from Bostwick & Associates. We handle cases throughout the Inland Empire.
Call us now at (951) 435-8229 and obtain a free case review.
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