Legal Question in Medical Malpractice in California

Is it Medical Malpractice for a couple of (Asian) MD doctors to fail 5 times (one failed 3x, the other failed 2x)) to inject a syringe needle (IV) properly (because they missed the vein) on an Elderly patient in a Hospital? ...They then had to get a 3rd person, a CNA/RNA to properly do it.....even a 4th person, a nurse, jokingly said, that they should've called her instead to do it (inject IV syringe needle) right....Would those improper needle injections, that fell below the standard of care in the Medical profession be also considered (in addition to Medical Malpractice): 1.) Civil Battery, 2.) Neglect, 3.) Negligent Infliction of Emotional Distress, & 4.) Elder Abuse?


Asked on 10/16/14, 9:07 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

(Asian) doctors? Is that relevant at all?

It probably doesn't amount to malpractice. Malpractice is far more difficult to prove than negligence because not only do you have to prove the physicians failed to act with the skill and care of competent physicians, you have to do so with expert witness testimony, which is expense and which usually prevents small cases like this (based on the damages) from ever being prosecuted.

It's not battery (they had consent). It can't be negligence, including negligent infliction of emotional distress (you don't get to sue for negligence in cases regarding medical treatment). And it definitely doesn't amount to Elder Abuse.

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Answered on 10/17/14, 9:34 am


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