California Court Reverses Decision in Radiology Medical Malpractice Case

A 2nd District California Court of Appeal recently reversed and remanded a summary judgment in favor of an on-call radiologist involved in a medical malpractice case. The lawsuit highlights the unique challenges that emergency department radiologists face when compared with those who do not serve in the emergency room.

The judge presiding over the appeal concluded that neither the expert witness for the plaintiff nor the expert witness for the defense was shown to meet the stringent qualifications for expert witnesses in professional negligence cases. The circuit court had granted summary judgment in favor of the radiologist who challenged the plaintiff’s expert witness qualifications.

The judge opened his opinion, citing Health and Safety Code Section 1799.110, which grants physicians and surgeons in general acute care hospital emergency departments some protection against medical malpractice claims.

The case, which was filed in 2021, involved stat orders placed around 3 a.m. and an on-call radiologist working remotely. The plaintiffs argued medical malpractice for the failure to diagnose what later was identified as a bowel obstruction at a different hospital, according to case details. The patient had been in and out of hospitals for a malrotated bowel he had at birth.

The role of expert witnesses in medical malpractice lawsuits

 Medical malpractice lawsuits are different from other personal injury lawsuits insofar as they require the plaintiff to prove that professional (as opposed to simple) negligence occurred. In a medical malpractice lawsuit, expert witnesses (who are usually doctors or healthcare professionals) play a crucial role in assisting the court and jury in understanding complex medical information and determining whether the healthcare provider deviated from the prevailing standard of care for the profession. To prove medical negligence, you must establish that the defendant failed to provide the prevailing standard of care for the profession. This occurs with the help of expert witnesses.

During a medical malpractice lawsuit, the expert witness will:

• Define the standard of care – Experts will educate the court concerning the standard of care for the medical profession, which is the level of skill and care that a reasonable and prudent medical professional in a similar situation would provide.

• Demonstrate breach of duty – Experts identify how the defendant deviated from the prevailing standard of care, thereby demonstrating breach of professional duty.

• Prove causation – Expert witnesses must establish a link between the defendant’s medical negligence and the patient’s injuries, proving causation.

• Educate the court – Expert witnesses must translate complex medical terminology and concepts into language that the average person could understand.

To bring a medical negligence lawsuit against a healthcare professional, you need to find a medical expert who is willing to testify on your behalf. The witness will strengthen the claims made by the plaintiff and help the jury understand why the defendant was negligent.

Talk to an Oakland, CA, Medical Negligence Attorney Today 

Venardi Zurada represents the interests of injured patients in medical malpractice lawsuits filed against negligent doctors and healthcare professionals. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our Oakland personal injury lawyers today to schedule an appointment, and we can begin investigating your claims right away.

Source:

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