Medical and Related Malpractice
What is “malpractice?
Not every unfortunate bad outcome at the hands of a healthcare provider is malpractice. Malpractice occurs when the healthcare provider fails to meet the community standard expected of reasonably qualified and competent professionals rendering similar healthcare service in California. Sometimes the error is obvious even to non-professionals, but most often identifying whether or not malpractice has occurred requires the opinions of healthcare experts.
What are some of the types of healthcare malpractice?
Malpractice is often difficult to identify. This is because every person and every circumstance is different. Generally, however, healthcare malpractice may include:
- Failing to provide treatment when is necessary;
- Giving treatment when no treatment is necessary;
- Providing the wrong treatment or medication;
- Delaying necessary treatment;
- Misdiagnosing a medical problem or condition;
- Failing to obtain informed consent from the patient or responsible party; or
- Providing care, but doing to in a negligent manner.
What remedies are available in Healthcare Malpractice cases?
Depending on the circumstances, the monetary damages available for acts of healthcare malpractice may include:
- Compensation for past pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage;
- Compensation for future pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage which is reasonably certain to occur;
- Repayment of past medical expenses;
- Payment for future medical expenses;
- Repayment for past loss of earnings; and
- Payment for future loss of earnings or earning capacity.