In the state of California, much like every other state, there exist varied statutes and caveats to the existing medical malpractice negligence laws, which will vary from other states. In any medical malpractice case, regardless of state, a plaintiff (patient) must still prove relationship, duty, breach of duty, and damages. However, court precedents, legislative initiatives, and in rare cases, federal laws, have changed how the basic medical malpractice case can proceed. At the state level, the medical negligence and medical malpractice laws specific to the state of California are noted below.
California and the Pure Comparative Negligence Rule
In short, the state of California follows a pure form of comparative negligence, which states that no amount of claimant negligence will ever bar recovery of damages, but will reduce damage awards proportional to the claimant’s own fault.
Liability in California Medical Malpractice Claims
The state of California uses either joint, several, or joint and several liabilities for claims involving two or more potentially liable parties. The issue of liability will be determined on a case-by-case basis, but cases involving comparative fault will create several liability for only non-economic damages. Assumed in all cases, unless proven to be otherwise, is joint liability for defendants.
Allocation of Fault in California Claims
Allocating fault in claims involving two or more liable parties is done via existing California contribution statutes and partial equitable indemnity statutes. In short, a claimant will need to consult with a lawyer to determine the liability of each party in his or her claim.
Vicarious Liability Statutes in California
Under California law, a hospital can be held liable for actions of a medical professional, if the person is directly or ostensibly employed as an agent of the hospital. The ostensibly an employed agent of a hospital phrase typically requires a third party (the patient) to believe this to be the case.
Getting Legal Help with California Medical Malpractice Negligence Laws
In short, each medical malpractice claims case in the state of California will present different factors that may be influenced by state-specific negligence and liability laws currently in place in California. For a patient, the only accurate method of determining one’s legal rights is to consult with a lawyer, who actively practices medical malpractice cases, preferably one’s similar to your own. From there, a patient can initiate the claims process with the insight and representation of legal counsel in an effective manner, that will ultimately be resolved through some form of damage recovery.
