Medical malpractice after a car accident
Many car accidents are the result of another driver’s negligence. Examples of negligence while driving include:
- Distracted driving
- Speeding
- Driving under the influence of alcohol or drugs
- Failure to stop at a red light or stop sign
- Improperly changing lanes
All car accidents, even the most minor fender bender, can be traumatic, resulting in panic, anxiety and stress. But when a car accident is caused by another driver’s negligence, serious injuries that require immediate treatment may be the result.
Generally speaking, the person whose negligence was the cause of the accident is found to be liable for all injuries resulting from the negligent act. However, what happens if a doctor or other healthcare professional is negligent or fails to provide the victim with the proper treatment in a timely manner?
This is referred to as “successive negligence”, and this type of medical malpractice after a car accident is referred to as successive medical malpractice. Some instances of successive medical malpractice on the part of a doctor or healthcare professional include:
- Improperly handling an injured person after an accident during transport
- Excessive wait times before the patient receives treatment for their injuries
- Misdiagnosis of a medical condition
- Failure to perform diagnostic tests and exams
- Misreading lab results
- Failure to operate in a timely manner
- Discharging the patient before they have fully recovered
Tortfeasor, and other legal terms
The legal term for an individual who commits negligence is “tortfeasor” and they would typically be held liable for all injuries caused by the car accident. And if there is successive negligence after the accident on the part of a medical provider, each “defendant” is considered to be a “joint” tortfeasor.
Those that suffer harm due to the combined actions of the joint tortfeasors, can file a claim against both liable parties for injuries caused by the car accident as well as injuries caused by a doctor or other medical provider. And obtain a full judgment against them for economic damages such as medical costs and lost wages.
However, in 1986, California enacted Proposition 51 which modified the rule of “joint and several liability”. For non-economic damages such as pain and suffering, multiple tortfeasors are only “severally” or separately responsible in proportion to their percentage of liability.
Your attorney for both cases
Car accident personal injury cases that involve successive medical malpractice are complicated. There are issues that can arise when determining who is liable for medical malpractice injuries following a car accident that was the result of negligence.
Finding an attorney to take your case could be difficult. In order to ensure a successful outcome you need to hire a personal injury attorney who is experienced in several practice areas; in other words, a car accident injury attorney who is also a skilled medical malpractice attorney.
At the top of the list is San Diego personal injury attorney, Scott S. Harris, who focuses exclusively on medical malpractice and personal injury claims, as well as legal malpractice claims. Call our office to schedule a free initial consultation.