Types of Medical Malpractice Cases in CA
When a healthcare provider’s negligence harms a California patient during the course of treatment, that victim can file a medical malpractice claim. These can be filed when a healthcare provider fails to exercise "a reasonable degree of knowledge and skill which is ordinarily possessed and exercised by other members of his profession in similar circumstances."
Some of the most common types of medical malpractice cases include the following.
Physical Mistreatment of a Patient
Sometimes healthcare providers fail to take reasonable precautions when moving or otherwise physically engaging with patients. For instance, a medical malpractice claim could be filed if a patient was dropped while being moved into a hospital bed or if a nurse caused a fall while helping a patient move.
Negligent Errors in Carrying out Medical Procedures
Accidents that occur during medical procedures and surgeries are perhaps the most common type of claim. In some cases, the negligence is obvious—for instance, when a doctor stitches up a patient after surgery but leaves surgical equipment or supplies inside the patient’s body. In other cases, physician error during surgery can exacerbate harm, trigger excessive bleeding or nerve damage, or even cause death.
Doctors can also make mistakes while carrying out routine treatments. Although these injuries are usually less serious than those that occur during surgery, they can still lead to a valid malpractice claim.
Other types of healthcare providers, such as chiropractors and physical therapists, can also be held liable for malpractice if they are negligent in carrying out treatment.
Negligence during the birthing process can give rise to malpractice claims as well. Birth injuries are some of the most challenging and complex cases. Oftentimes, it can be difficult to distinguish between a birth defect and a birth injury, and there can be multiple causes for a birth injury. Proving that negligence caused the harm requires significant medical evidence and expert medical testimony.
Negligent Administration of Medication
Another common type of malpractice is when an improper drug, or an improper quantity of a drug, is administered to a patient. Mistakes pertaining to the wrong medication or the wrong dosage are often the result of communication errors between doctors and nurses. Again, whether these mistakes rise to the level of malpractice will depend on the particular facts of a case.
Faulty or Missed Diagnoses
In California, physicians can be held liable for malpractice for both the treatment and the diagnosis of a patient. Misdiagnosis is a common type of physician error. Whether a particular misdiagnosis is malpractice can be proven only with testimony from credible expert witnesses.
Call the Law Offices of Scott D. Hughes Today for More Information
Determining whether an incident is malpractice requires an investigation of the specific facts of the case. Proving fault almost always requires the use of expert medical testimony. If you were injured due to negligence while you were receiving medical care, the Law Offices of Scott D. Hughes is here to help. Scott Hughes is an experienced medical malpractice attorney who is dedicated to getting his clients the compensation they deserve. If you would like more information or to discuss your case, call us at 714-423-6929 today.