What Is Considered Medical Malpractice in Stockton?
Medical malpractice is formally known as “professional negligence.” It describes any negligent act–or failure to act–by a health care provider in the rendering of professional services. Some common examples of medical malpractice include:
- a surgeon makes a mistake while performing a procedure that leads to death or additional complications for the patient
- an internist misdiagnoses or fails to correctly diagnose a patient, leading to a delay in receiving proper care
- a nurse administers the wrong medication–or an incorrect dosage of the right medication–to a patient
- a doctor fails to warn the known risks of a given medical procedure, thus the patient cannot give informed consent
In most cases, California law requires a patient filing a medical malpractice produce testimony from at least one expert witness in support of their case. Expert testimony is necessary to establish the standard of care applicable to the defendant health care provider’s profession, and more critically, how the defendant’s action or inaction violated that standard of care.
Keep in mind, just because your medical treatment produced a bad outcome, that in and of itself does not prove malpractice. An expert witness must establish the doctor did (or did not do) something that actually injured you in some way.
What Compensation Is Available for Medical Malpractice in Stockton?
Depending on the nature of the medical malpractice event, there may be a number of defendants, including individual doctors, nurses, pharmacists, and physical therapists, as well as institutions such as hospitals, clinics, and laboratories. Our Stockton medical malpractice lawyers can conduct a complete investigation into your case to help determine who may be financially responsible under California’s professional negligence laws.
Through a medical malpractice claim, a victim can seek a wide range of potential damages, including but not limited to:
- additional medical bills incurred in treating the complications caused by the original act of malpractice
- the costs of any rehabilitation or occupational therapy
- compensation for the victim’s lost wages and long-term diminished earning capacity
- non-economic damages reflecting the victim’s ongoing pain and suffering
California law does restrict (or “cap”) the amount of non-economic damages that a court may award in medical malpractice cases. As of January 1, 2024, the cap is $390,000 in non-fatal medical malpractice cases and $550,000 in wrongful death cases where the patient died. These caps are adjusted annually.
Let Our Stockton Medical Malpractice Lawyers Help
Medical malpractice cases are among the most complicated personal injury cases to pursue under California law. That is why you should work with an experienced Stockton medical malpractice lawyer who can guide you through the entire process. Call Venardi Zurada LLP today at (833) VZ FOR ME to schedule a free confidential consultation.
