What Is Medical Malpractice?

Written by Adam Peck Category: Medical Malpractice August 5th, 2014 4 min read

As described by Wikipedia for absolute clarity:

Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals may obtain professional liability insurances to offset the risk and costs of lawsuits based on medical malpractice.

Medical Malpractice isn’t myopic. There are many variables that come into play. For example, here is a short list of things that include medical malpractice:

Misdiagnoses which leads to mistreatment
Incorrect surgical procedure
Surgical procedures that go awry due to medical negligence
Diagnostic errors
Delayed diagnosis
Error in diagnostic tests
Negligent misdiagnosis
Improper dosages of medication
Improper medications
Worsening of your condition
Refusal to release your medical records or releasing redacted records only
Omission or act by a health care provider
Subpar standards of care
Hospital issues, including infections

Being proactive about your health care and preparing for doctors appointments is extremely important. Write a list of questions. Don’t be afraid to ask your doctor everything on the list. Research your diagnosis. Find out your doctor’s treatment plan. Bring a family member or a friend with you to take notes and be a second set of ears. Research medications prescribed. If you have more questions, ask them. When you receive medications from your pharmacist make sure they are the correct dosage and the correct prescription. Always remember, nobody knows your body like you do. Trust your instincts. Get second and third opinions, that’s being responsible.

And, unfortunately, with all of those precautions taken, you still might find yourself a victim of medical negligence.

What is the Medical Malpractice Statue CCP 340.5?

CCP sec. 340.5. In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant’s insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence.

“Professional negligence” means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.

Source: Harp.org/MICRA

What is the Statute of Limitations for a Medical Malpractice Injury in California?

For injury or death, claimants have one year from the date they discovered the negligent act, but no more than three years from the date of injury.

To be very clear THE STATUTE OF LIMITATIONS IS ONE YEAR FROM THE DATE YOU DISCOVER THE NEGLIGENT ACT

If you have any questions about this, please don’t hesitate to leave us a comment or contact us via form or phone.

Mr. Steven Peck, Esq. wrote an article about the Pack Patient Care Act. Here’s a snippet of the article: Come November 4, 2014 on the ballot is a statute that would increase the cap on Medical Malpractice Lawsuits in California. The title of the ballot in its entirety is, “Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute.” […]

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.