When you seek medical help, you probably hope to receive treatment that’s safe, effective, and helps you recover. Unfortunately, healthcare providers sometimes make mistakes that harm patients instead of healing them.
Medical malpractice can shatter a patient’s trust and health in an instant. It occurs when a healthcare provider’s negligence causes harm or injury. Understanding medical malpractice can empower you to make smart choices about your healthcare and legal options.
Defining medical malpractice
Medical malpractice occurs if a healthcare professional does not provide the expected standard of care, harming a patient. California’s Medical Injury Compensation Reform Act (MICRA) governs these cases. Medical malpractice typically involves these key elements:
- Duty of care: Your doctor owed you a professional responsibility
- Breach of duty: They failed to meet the accepted care standard
- Causation: Their failure directly harmed you
- Damages: You suffered measurable harm as a result
Recognizing these elements helps you spot potential malpractice. However, try to remember that not every bad medical outcome indicates malpractice.
Common types of medical malpractice
Staying alert to different forms of medical malpractice can help you protect yourself. Watch out for these common types:
- Misdiagnosis: When a doctor fails to identify a condition correctly or identifies the wrong illness
- Surgical errors: Mistakes that take place during surgery, such as operating on the wrong body part or leaving surgical tools inside a patient
- Medication mistakes: Prescribing the wrong medication, incorrect dosage, or failing to check for drug interactions
- Birth injuries: When the mother or baby suffers harm during pregnancy, labor, or delivery due to negligent care
- Anesthesia errors: If a healthcare professional gives a patient too much or too little anesthesia, or fails to monitor a patient under anesthesia
If you suspect you’re a malpractice victim, act quickly. California law has certain limits on the time in which you can file a claim. You typically have one year from when you discovered the injury, or three years from when it happened, whichever comes first.
Medical malpractice law can require expert guidance. If you believe you’ve experienced malpractice, consult an attorney; they could help you with your rights and your next steps.