Medical negligence is the center point upon which a medical malpractice suit stands upon. In California, a medical malpractice claim can be filed if a doctor does not follow the professional standard of care, thereby treating the patient negligently, which then results in injury to the patient – a mandatory and crucial requirement of a medical malpractice case. Furthermore, the treatment, that failed the standard of care expected for a certain illness, can encompass the majority of the medical process. Moreover, according to California malpractice law, there is a statute of limitations for medical malpractice suits; it is imperative that an injured individual acts within the specified timeframe of one year from injury. Therefore, medical negligence is an act, by a medical professional, that breaches the standard of conduct required of a licensed health care provider while conducting a treatment. Furthermore, medical malpractice claims can award two types of damages to the injured individual: economic and non-economic. While the economic damages have no caps, there is a maximum limit on non-economic damages at $250,000.
Medical negligence can occur at any point in the medical process. A doctor can misdiagnose a heart condition, leading to the death of the patient, which could have been preventable if, for example, the doctor did not miss obvious signs. Moreover, during surgery, the professionals could possibly forget surgical tools inside the patient, or even the anesthesiologist could give the incorrect dose of anesthesia, which would then cause the patient to experience brain damage. In all of these situations, the medical professionals failed to act with a reasonable standard of care that is expected in the same situation.
In medical malpractice claims, medical professionals have a duty to follow reasonable guidelines expected of them, but instead they breach the reasonable standard of care by committing medical negligence. This negligent practice leads to an injury for the patient, which causes them to suffer damages that will be payed for if the injured party wins the claim. It is important for injured individuals who believe they have been affected by medical negligence to act quickly, speak with a lawyer, and find out if they have been a victim of medical malpractice.