Medical Malpractice Claim
Medical malpractice is a wrongful act or omission, which results to personal injury, whether permanent or temporary, damages or death by any of the following medical professionals:
- Physician
- Dentist
- Nurse
- Pharmacist
- Paramedical
- Medical technician
- Dental technician
- Nursing assistants
- Therapists
In the US, nearly 50% of medical malpractice claims were filed against surgeons and other doctors representing 75 of the largest counties in the country. Another 33% were directed against non surgical physicians.
Over 80% of malpractice payment worldwide was reportedly made in the United States, the remaining less than 20% made in different countries of the world.
For a successful malpractice claim, the plaintiff must establish 4 elements of negligence in tort cases. They are:
- The duty owed to the plaintiff - In this case, medical professionals and hospitals have the legal duty to provide care & treatment for the patient.
- The duty was breached - It happens when medical professionals failed to exercise that standard of care required by law. This care can be proved by expert witnesses or by obvious errors under the principle of res ipsa loquitor or ‘the thing speaks for itself’.
- The breached caused the injury, damage or death.
- The presence of damage - Without damage, there could be no claim even if it was established that the medical professional has been negligent.
In California, an action for medical malpractice must brought within 1 year from the date the plaintiff discovered the negligent act but not more than 3 years from the date of the injury.
For minors, the action must be brought within 3 years from the date of the negligent act. If the child is under the age of 6, the action must be filed within 3 years or prior to his 8th birthday, whichever is higher.
Upon filing of malpractice suit, a Certificate of Merit will be required of the plaintiff. A lawyer must be consulted for help. For legal assistance regarding medical malpractice claims, Ask Accident Lawyers. Or, call the toll free numbers of the Mesriani Law Group of Los Angeles in your screen, now.