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Medical Malpractice

What is Medical Malpractice?

Medical Malpractice, also called medical negligence, is the failure of a medical professional to meet the standard of care that reasonable doctors, nurses, hospitals, etc. must meet when performing healthcare services.

Medical malpractice occurs when a healthcare provider – doctor, hospital, nurse, or other individual licensed to provide medical care or treatment – does something that a reasonable doctor, nurse, etc. in the community would not have done.  It also occurs when your healthcare provider fails to do what a competent healthcare provider would have done.

In all cases, in order for a claim to be made, there must be personal injury or wrongful death caused by the negligent act or failure to act by the provider.

Types of Medical Malpractice

  • Birth Injury (Cerebral Palsy/Erb’s Palsy)
  • Failure to Diagnose Heart Attack
  • Failure to Diagnose Stroke/Aneurysm
  • Hospital Errors
  • Medication Errors
  • Misdiagnosis/Delay/Failure to Diagnose Cancer
  • Nursing Home Neglect
  • Decubitus Ulcers (aka Bed Sores & Pressure Sores)
  • Surgical Malpractice
  • Anesthesiologist Malpractice
  • Hospital/Institutional Neglect
  • Psychiatric Malpractice
  • Sexual Abuse/Boundary Violations
  • Ob/Gyn Malpractice
  • Plastic Surgery Malpractice

And the list goes on and on…

Elements of a Medical Malpractice Claim

Medical malpractice cases are just one type of negligence case, and the elements of proof are the same:

  1. The defendant was negligent,
  2. The defendant’s negligence was a substantial cause of injury to the plaintiff, and
  3. The plaintiff sustained damages as a result of the negligence.

Although the elements are straightforward, proving a malpractice case requires expert testimony from medical providers in the same field to prove the negligence of the defendant, along with other experts on the issues of the kinds and extent of your damages (physical, psychological, and economic).

Contact Us

Because California medical malpractice cases are especially complex, time-consuming, and extremely expensive, you need to hire an experienced Medical Malpractice Trial Attorney who understands the medicine and the complex legal issues that apply.  At the Mittelman Law Firm, we have experience in and understand the intricacies of California’s laws.  We have a successful track record in arbitrations, at trial, and in obtaining favorable settlements over the last 23 years in medical malpractice cases.

If you would like to learn more on how California law applies in Medical Malpractice cases, visit the MICRA site.