Physicians, nurses, hospitals, clinics, healthcare organizations and other medical professionals must possess and exercise the same level of professional knowledge, skill and judgment expected of all other similar healthcare providers and properly utilize that knowledge, skill and judgment for the benefit of their patients. The same standard of care is required no matter the location or cost of such care or the ethnicity, insurance status, age, marital status, relative wealth or poverty of the patient.
Unfortunately, not every medical professional, hospital or clinic consistently exercises the required standard of care. According to Johns Hopkins University, 250,000 Americans are injured or killed by medical errors or negligence every year, making it one of the leading causes of death and injury in the United States. Among all those who have been injured or died only about 3% of these victims or their families file a claim for damages.
Some physicians are consistently negligent. An astonishing 5% of physicians are responsible for half of all medical malpractice claims. The worst 1.7% of these offenders are responsible for nearly 28% of all claims for medical negligence. Also, not all hospitals are created equal. It is no secret that the quality of hospital care differs significantly depending on location, affiliation with a medical school, and staffing quality and supervision.
Our practice concentrates on medical malpractice cases, particularly those involving children – such as when a child suffers from cerebral palsy as a result of medical negligence during birth. Learn more about the medical malpractice cases we handle:
Medical or hospital malpractice is just a species of negligence. A driver can run a red light and cause injury, a physician or nurse can run a medical red light and cause the same injury. Both are negligent and must be responsible for the injury and damage they cause.
Some other common examples of medical malpractice include failure to adequately recognize and respond to fetal distress in labor, wrong location or unnecessary surgery, failure to obtain proper informed consent from the patient, exceeding the consent, incorrectly prescribed medication, surgical mistakes, lab errors, premature discharge, failure to recognize and respond to worrisome symptoms, failure to obtain a proper patient history, failure to order a proper x-ray or other studies, sending an unstable patient home, failure to accurately diagnose a patient or obtain the necessary studies or consults to do so.
To meet the legal standard of negligence, a claim must meet the following standard:
California is one of the states most affected by medical malpractice. If you or someone you love has been impacted by this situation, it is critically important to speak to an experienced attorney.
Michels & Lew specializes in medical malpractice litigation and has for 40 years. Our lawyers are recognized by the state bar as experienced in medical malpractice. We have written about and spoken many times about medical malpractice at lawyer conventions and seminars. We hire the best national medical experts in all of our cases. We spend what is necessary to pursue and prove our cases. No client is ever asked to advance the expenses required to work up or litigate our cases. You owe us nothing if we lose but we win 98% of our trials.
Contact us today for a quick and free consultation.
Medical malpractice refers to a situation in which a healthcare professional, such as a doctor or nurse, deviates from the accepted standards of care, resulting in harm or injury to a patient. This can include misdiagnosis, surgical errors, medication mistakes, or negligence in providing medical treatment, and often leads to legal action to seek compensation for the victim's damages.
In California, the statute of limitations for medical malpractice claims is typically set at three years from the date of the alleged medical negligence or one year from the date the plaintiff discovers, or reasonably should have discovered, the injury, whichever comes first. However, there are exceptions and complexities in California law, such as the statute of limitations for minors or cases involving foreign objects left in the body during surgery. It's crucial for individuals considering a medical malpractice lawsuit to consult with an attorney to understand their specific circumstances and the applicable time limits for their case.
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