Medical Malpractice
What is medical malpractice?
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."
Does the consent form I signed bar my claim?
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 submit a question on-line: Contact Us. 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.