Northern California Employment & Personal Injury Law Blog

Employment & personal injury law news, insights, and information.

Medical Malpractice Law and Damages

There are very specific laws about medical malpractice in California. Generally, the law is similar to any other kind of “negligence” cases like a slip and fall in a grocery store or a car crash. First, the plaintiff in a medical malpractice case needs to show “negligence” or that the action of a medical provider (whether it’s a doctor, a medical technician, etc.) fell below the standard of care. In other words, the medical provider did not do what s/he should have done. Just because there is a bad result from a medical procedure does not mean that the doctor failed, because sometimes medical procedures turn out badly despite proper actions by the doctor. Second, the plaintiff needs to show that s/he suffered injuries. Usually, those injuries include medical bills, wage losses (from missed work), and emotional distress. Third, the plaintiff needs to show that the negligence is what caused the injuries. A plaintiff who would have had medical problems even if a procedure had gone well is not entitled to all those injuries, just the injuries that the negligence made worse.
 
There are more complicated matters having to do with timing of a lawsuit, notice to the medical provider, and other matters. Please do not hesitate to contact John Furstenthal about your case.

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