Wilcoxen Callaham, LLP cares about our community and wants everyone to understand basic information about medical malpractice, also sometimes referred to as medical negligence. Medical malpractice occurs when a healthcare professional’s negligence or failure to provide the appropriate standard of care causes harm to a patient. In California, patients who have suffered from medical malpractice may be entitled to compensation. This blog will outline the basics of medical malpractice, legal considerations, and what you should know to protect your rights.
Legal Definition of Medical Malpractice in California
In California, medical malpractice refers to instances when a doctor, nurse, hospital, or another healthcare provider fails to meet the standard of care required for patient safety. This includes errors in diagnosis, treatment, or aftercare. The negligent act must directly cause harm to the patient.
Common Types of Medical Malpractice
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
- Birth injuries
- Anesthesia errors
What to Do If You Believe You Are a Victim of Medical Malpractice
If you suspect you’ve been a victim of medical malpractice, it’s important to consult an knowledgeable attorney. Wilcoxen Callaham, LLP is experienced in representing victims of healthcare-related negligence in California. Contact us today to assess your case, find out how to document evidence, and get legal advice.
FAQ
Q: What is the statute of limitations for medical malpractice in California?
A: In California, typically the statute of limitations for medical malpractice is “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury,” or within three years of the date of the injury, whichever comes first.” But there are exceptions to this rule.
Q: Can I sue for medical malpractice if the doctor didn’t intend to harm me?
A: Yes. Medical malpractice cases don’t require proof of intent, only that the healthcare provider failed to meet the standard of care.