Legal Question in Medical Malpractice in California

Re: Malpractice or Negligence....???

Malpractice is a the same as ordinary negligence. It is a term used when the damage is caused by the below standard or negligent care of a professional. Since this incident occurred in a medical setting and the acts were those of the medical providers, it would be classified as malpractice and governed by very special laws in the state of California. I reccommend that you find an attorney in your area that handles "medical" malpractice cases and talk this matter out. If the injuries were serious, I believe that you have an excellent case.

If you have further questions, please do not hesitate to call or write.

Neil C. Newson

Re: Malpractice or Negligence....???

That is an interesting question. There have been many cases examining the issue because your damages and other matters are different under Medical Malpractice law or plain malpractice. The cases have held in the situation you describe it is medical malpractice.

Joel Selik

8000-894-2889

www.CAMalpractice.com

Re: Malpractice or Negligence....???

A malpractice claim essentially is a negligence claim. The salient difference is that a plaintiff typically must present expert testimony regarding the applicable medical/legal standard of care in a malpractice case.

In your situation, the liability probably lies with the hospital staff, and it's probably a hybrid between general negligence and nursing malpractice.

If the damages from the head injury are serious, the claim is at least worth investigating.

Re: Malpractice or Negligence....???

Probably malpractice, since the injury occurred at the hands of a health care provider while giving care and treatment to a patient. Having spent years representing doctors and hospitals in defense of such actions, I certainly would have taken that position. If the injury is serious, you should contact a qualifed medical malpractice lawyer.

Call if you want to discuss this further.

Re: Malpractice or Negligence....???

The fact pattern you describe falls under the medical malpractice area of negligence as the term "health care provider" as describe in CCP Sec. 425.13 would cover nursing/recovery room staff. This will require you to obtain expert testimony establishing that the care and treatment provided was below the standard of care. While you might factuall advance a case on a res ipsa loquitor foundation, such claims invariably fail. Ask the State Bar Assoc for a referral to an attorney in your area experienced in medical negligence claims.