Legal Question in Medical Malpractice in California

Medical Malpractice is where the doctors acts below the standard of care, which means that other doctors in the same area would not have done would that doctor did. It is not enough for there to be bad results there must be a doctor who will testify that the doctor in question acted below the standard of care.

For each procedure and surgery the care of a doctor requires certain items of follow up. Whether or not the blow-off here is sufficient to rise to malpractice depends on if their was a failure in care that was required, and that failure led to some damages or enhanced the damages.

Due to the laws in California, most malpractice attorneys require a significant amount of compensable damages before they will take on a medical malpractice case. California law priovides a cap on emotional distress damages of only $250,000 and this amount has not changed since 1976.

In addition to the above if you want to know if there was malpractice you can have a DR review the records to see if there was malpractice but you do need to consider the damages