In a recent period, California had the second highest number of medical negligence suits of any state in the nation, behind only New York. That is due, in part, to its size, but also to its population. Over 20,000 people had medical malpractice claims that were eligible for a hearing in California courts. Many of those claims also included a charge of vicarious liability against the hospital where that negligence occurred. In some states, it is easier than others to include the hospital in a medical malpractice suit. California is one of those states.
California Medical Malpractice
Medical negligence, or malpractice, can be charged when a physician or other healthcare professional, fails to provide the standard of care that should reasonably be expected in similar situations. In addition:
- The negligence must have caused injury to the patient
- The patient must have suffered damage as a result of that injury
While not all situations in which a patient is unhappy with their care can be considered negligence, when they can be classified as such, the patient may have grounds to file a medical malpractice lawsuit and obtain compensation for their expenses and pain.
In addition, if the hospital is also considered negligent through the doctrine of vicarious liability, the victim may be able to receive an even higher award, covering more of their costs and suffering. In California, a hospital can be included in a medical malpractice suit against a physician if that physician is considered “an actual or ostensible agent” of the hospital. A physician can be considered an ostensible agent when the hospital either represents the physician as an agent, or by lack of effort otherwise, causes a patient to believe a physician is an agent of the hospital. This can happen more often in an emergency room when the patient does not have a choice of physicians and the hospital, by default, recommends someone in the hospital at the time that can best treat the injuries of the patient.
California Claim Requirements
In addition, for someone to file a medical malpractice claim in California, they must file before the statute of limitations for medical malpractice cases has expired. That generally extends one year after the injury was discovered or reasonably should have been discovered, but not longer than three years from the date the incident occurred. Such cases also require the expert testimony of a physician who is certified in the same field as the defendant, verifying that the actions of the defendant were negligent.
Getting Legal Help with Suing a Hospital in California
Since there are so many medical malpractice cases working their way through the courts in California, it is important to have a skilled California medical malpractice attorney moving that case along quickly. Victims often need that compensation to pay outstanding medical bills, to cover lost income, and to obtain in-home care for long-term injuries. Without expert legal help, such cases may take many years to reach a positive conclusion.
