Medical Malpractice Law in California
When you go visit a doctor, undergo surgery, or deal with medical professionals in any other capacity, you hope that the professional provides you with the best medical care possible. While in most cases the healthcare provider fulfills their duties to the patient, there have also been cases of medical malpractice. Such a malpractice occurs when a negligent act, or failure to act, results in injury or death for the patient while receiving medical professional services from a provider that was licensed to do so.
What happens when you have been a victim of medical malpractice, or a family member has wrongfully died as a result of such negligence? The plaintiff can file a lawsuit against the medical provider and receive damages. These damages can be economic or non-economic in nature. However, there is a limit to how much a plaintiff can receive for non-economic damages; a cap of $250,000 is applied on losses like pain and suffering. Furthermore, the patient can also receive damages for relates issues like medical bills and lost wages as a result of the malpractice.
The healthcare providers that can be found to have committed negligent acts include doctors, nurses, hospitals, and laboratories. Any healthcare entity or person that has a professional duty to their patients can be included in the aforementioned list. In order for these individuals to be found negligent, the plaintiff has to prove that the individual had a duty of care, failed to use their “skill, knowledge, and care” to meet it, and as a result this led to injury or death.