of
Steven R. Young
The Victims' Lawyer
Irvine, California
(949) 788-3999
Bestlawyer@aol.com
Medical Malpractice
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The Last Minute Trial Lawyer
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of Steven R. Young The Victims' Lawyer Irvine, California (949) 788-3999 Bestlawyer@aol.com |
Medical Malpractice
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What is medical malpractice? Does the consent form I signed bar my claim?
Medical malpractice is negligent behavior by a doctor or other health care provider. A doctor is liable for Medical Malpractice if he/she fails to follow accepted professional standards of care and injures a patient. Unsuccessful medical treatment does not necessarily mean the doctor committed malpractice. Malpractice depends on whether the doctor acted with the skill of a "reasonable doctor."
Hospitals typically require patients to sign forms giving consent to medical treatment. A consent form does not shield a doctor from malpractice. For example, if you suffer injury because your doctor fails to follow proper procedures during surgery, you can sue for malpractice regardless of the consent form's language. If you suffered injury, call me, or click on this link If you have a case. . . and submit a question on-line. I will tell you what your rights are.
DAMAGES - MEDI-CAL OR MEDICARE COVERAGE
Hernandez v. California Hospital Medical Center (2000)
The trial court granted a Hospital summary judgement finding Plaintiff suffered no damages on his medical malpractice claim since all his medical bills were covered by Medi-Cal and Medicare. The court of appeals reversed finding when the Defendant established that Medi-Cal and Medicare made payments for Plaintiff, the Defendant ". . . necessarily established the fact of damage," particularly since Medi-Cal has rights to pursue reimbursement without regard to MICRA's collateral source "cut off" under Civil Code § 3333.1.
© 1998, Law Offices of Steven R. Young, 101 Pacifica #240, Irvine, California 92618. (949) 788-3999 FAX (949) 788-3993