How To Prove A California Medical Malpractice (Medical Negligence) Claim

 

 

In California, a claim of Medical Malpractice (Medical Negligence) is defined as:

Medical malpractice occurs when a medical provider fails to act in the way a reasonable medical provider would act under the same circumstances, resulting in harm to the patient.

It simply means:

A medical provider hurts someone by failing to act in a reasonable way.

There are 4 elements of the claim:

• Element 1. The defendant had a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise. The defendant, usually a healthcare professional, was expected to use the same level of skill and care that other qualified professionals in their field would typically show when treating patients.
  

  Facts that might support this element look like:

  * The defendant is a licensed physician with over ten years of experience in their specialty, indicating a professional duty to adhere to established medical standards.
  * The defendant was aware of the patient’s medical history and the potential risks associated with the proposed treatment, highlighting the need for careful consideration.
  * The defendant failed to consult relevant medical literature or guidelines that are commonly referenced by peers in similar cases, demonstrating a lack of due diligence.
  * The defendant did not perform necessary diagnostic tests that are standard practice for similar patient presentations, indicating a breach of professional duty.
  * The defendant’s treatment plan deviated significantly from accepted protocols, which other practitioners in the field would not have overlooked.

• Element 2. The defendant breached that duty. The defendant failed to meet the standard of care expected from a medical professional, meaning they did not provide the level of treatment that a competent doctor would have in a similar situation, leading to harm to the patient.
  

  Facts that might support this element look like:

  * The defendant failed to perform the necessary diagnostic tests that a competent physician would have conducted under similar circumstances.
  * The defendant prescribed a medication without reviewing the patient’s medical history, which included known allergies to that medication.
  * The defendant neglected to monitor the patient’s vital signs during a critical post-operative period, leading to a preventable complication.
  * The defendant did not refer the patient to a specialist despite clear indications that specialized care was required.
  * The defendant’s surgical technique deviated from established medical standards, resulting in significant harm to the patient.

• Element 3. The plaintiff was harmed or injured. In a medical malpractice case, the plaintiff must show that they suffered harm or injury, such as physical pain or emotional distress, as a direct result of the healthcare provider’s negligence or failure to meet the standard of care expected in their profession.
  

  Facts that might support this element look like:

  * The plaintiff experienced severe pain and complications following a surgical procedure that was performed incorrectly.
  * The plaintiff was hospitalized for an extended period due to an infection that developed as a result of improper post-operative care.
  * The plaintiff required additional surgeries to correct the mistakes made during the initial procedure, leading to further physical and emotional distress.
  * The plaintiff incurred significant medical expenses for treatments that were necessary due to the negligence of the healthcare provider.
  * The plaintiff’s ability to perform daily activities was severely limited as a direct result of the medical negligence experienced.

• Element 4. The defendant’s negligent conduct was the proximate cause of harm or injury to the plaintiff. The defendant’s careless actions directly led to the harm or injury suffered by the plaintiff, meaning that if the defendant had acted properly, the plaintiff would not have been hurt.
  

  Facts that might support this element look like:

  * The defendant failed to perform a necessary diagnostic test, which would have identified the plaintiff’s condition early.
  * The defendant prescribed a medication without reviewing the plaintiff’s medical history, leading to severe adverse reactions.
  * The defendant’s surgical technique deviated from accepted medical standards, resulting in complications that harmed the plaintiff.
  * The defendant neglected to monitor the plaintiff’s vital signs post-surgery, allowing a preventable infection to develop.
  * The defendant misinterpreted the plaintiff’s symptoms, delaying appropriate treatment and exacerbating the plaintiff’s condition.

^{(See California Civil Jury Instructions (CACI), No. 400, 500. Hanson v. Grode (1999) 76 Cal.App.4th 601, 606, 90 Cal.Rptr.2d 396. Johnson v. Superior Court, 49 Cal. Rptr. 3d 52 – Cal: Court of Appeal, 3rd Appellate Dist. 2006. Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.)}
If you’re representing yourself in court and plan to assert a claim of Medical Malpractice (Medical Negligence), having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex legal landscape effectively.

Prove Your CA Medical Malpractice (Medical Negligence) Claim

U.S. Civil Cases Only