Medical negligence, defined
Many people use the terms “medical negligence” and “medical malpractice” interchangeably. And, it many cases, that’s acceptable. However, medical negligence is only one of the four required elements necessary to have a legally valid claim of medical malpractice.
Medical negligence can be defined as an act or omission (failure to act) by a medical professional that deviates from the accepted medical standard of care and that the omission is the proximate cause of a personal injury or wrongful death. Medical negligence is the legal concept upon which a claim of medical malpractice is predicated.
It’s important to note that negligence taken on its own isn’t enough to warrant a medical malpractice claim. However, when that negligence results in injury to a patient, then there may be a good case to sue for medical malpractice. For example, a physician’s failing to treat a known medical condition could be considered negligence if it led to serious injury or even death of a patient.
Generally speaking, medical negligence results in medical malpractice when a physician’s negligence results in undue injury to a patient because it makes that patient’s condition worse, causes unreasonable and unexpected complications, necessitates the need for additional medical treatment, or results in his or her death.
What to look for
The definition of medical negligence clearly states that an act or omission by a medical professional that deviates from the standard of care can be used to bring a claim of medical malpractice if it resulted in harm to the patient.
Some common examples of medical negligence include:
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- Failure to diagnose the correct problem
- Delayed diagnosis
- Prescribing the wrong medication
- Surgical and anesthesia errors
- Post-surgical infections
The state of California has specific laws governing medical malpractice claims. You must provide notice to the healthcare provider in question of your plans to file a lawsuit. In California, the statute of limitations on filing a medical malpractice lawsuit is no later than three years after the date of the injury or one year after you discover that the injury in question was the result of medical negligence, whichever comes first.
California has set a $250,000 cap on non-economic damages such as pain and suffering, loss of consortium, or physical impairment. However, there is no cap on economic damages such as the cost of past and future medical care, lost earnings, and/or the ability to earn a living.
Additionally, you have the right to seek punitive damages in certain situations; there are no caps placed on punitive damages for most cases of medical malpractice.
What to do about it
If you feel that you or a loved one has been injured due to medical negligence and are considering pursuing a medical malpractice claim, it’s very important that you understand the laws in California governing medical malpractice.
Malpractice attorneys in California was well versed in the laws and can better help you to understand whether or not you have a legitimate case. Scott S. Harris, San Diego medical negligence attorney, has more than 30 years of experience when it comes to helping victims of medical negligence.
Contact the office to schedule your free consultation.