Medical Malpractice: Understanding Healthcare Provider Negligence

Medical malpractice occurs when healthcare providers deviate from accepted standards of care, causing patient harm. These complex cases require proving both negligence and causation through expert medical testimony.

Elements of Medical Malpractice

Medical malpractice claims generally require proving four elements:

1. Duty of Care

A provider-patient relationship existed, creating a duty to provide care meeting professional standards.

2. Breach of Standard of Care

The healthcare provider failed to meet the standard of care that a reasonably competent provider in the same specialty would have provided under similar circumstances.

3. Causation

The breach of the standard of care directly caused or substantially contributed to the patient's injury.

4. Damages

The patient suffered actual harm—physical, emotional, or financial—as a result.

Common Types of Medical Malpractice

Diagnostic Errors

• Failure to diagnose a condition
• Delayed diagnosis
• Misdiagnosis (diagnosing the wrong condition)
• Failure to order appropriate tests

Surgical Errors

• Operating on the wrong body part or patient
• Leaving surgical instruments inside the body
• Nerve damage during procedures
• Anesthesia errors

Medication Errors

• Prescribing incorrect medications or dosages
• Failure to check for drug interactions
• Pharmacy dispensing errors
• Failure to monitor medication effects

Birth Injuries

• Failure to monitor fetal distress
• Improper use of delivery instruments
• Delayed cesarean sections
• Injuries resulting in cerebral palsy or other conditions

The Role of Expert Witnesses

Medical malpractice cases almost always require expert medical testimony to establish:

• What the applicable standard of care was
• How the defendant deviated from that standard
• How that deviation caused the patient's injuries
• The nature and extent of damages

California-Specific Considerations

California has specific laws affecting medical malpractice cases:

• MICRA (Medical Injury Compensation Reform Act): Caps non-economic damages (pain and suffering) in medical malpractice cases
• Certificate of Merit: Requires attorney consultation with a medical expert before filing
• Statute of Limitations: Generally one year from discovery of injury, or three years from injury, whichever is earlier

Challenges in Medical Malpractice Cases

These cases present unique challenges:

• High burden of proof requiring expert testimony
• Complex medical records that require expert interpretation
• Defendants with substantial resources for defense
• Juries may be reluctant to find against healthcare providers
• Damage caps limiting potential recovery in some states

Parties That May Be Liable

Depending on the circumstances, various parties may potentially bear responsibility:

• Individual physicians and surgeons
• Nurses and other healthcare professionals
• Hospitals and medical facilities
• Medical groups and practices
• Laboratories and diagnostic facilities