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.

Types of Medical Malpractice

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.

  • 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…

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Elements of a Medical Malpractice Claim

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

The defendant was negligent,
The defendant’s negligence was a substantial cause of injury to the plaintiff, and
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).

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– Maurice Abarr, Personal Injury Lawyer / Santa Ana, CA

John is more than diligent and hard-working: He’s also kind, caring, committed, and creative. There are few trial lawyers I’ve worked with who are as good as he is.

– Suzanne Mindlin, Medical Malpractice Attorney / Cardiff By The Sea, CA

John is a very smart lawyer – a caring lawyer – a lawyer who fights hard for his clients’ rights! I personally worked on a very complicated matter with John and he proved himself to be detail oriented, tenacious and very competent. His advocacy skills are top-shelf. I highly recommend John!

– Stuart Fraenkel, Aviation Lawyer / Los Angeles, CA

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