What kind of medical malpractice claims are typically brought against medical professionals?
Medical malpractice claims are typically brought against medical professionals such as physicians, nurses, surgeons, and other medical staff when they fail to meet the professional standard of care. In California, medical malpractice claims are usually based on negligence. Negligence occurs when a medical provider fails to provide the accepted standard of care, resulting in harm to the patient. The most common type of claim brought against medical professionals is misdiagnosis or failure to diagnose. This occurs when a medical professional fails to identify a condition that should have been diagnosed. Additionally, medical malpractice claims may be filed due to incorrect or delayed treatments, surgical errors, prescribing the wrong medication, or failing to get informed consent prior to a procedure. Other types of medical malpractice claims are brought against medical professionals based on substandard care. This includes treatment that is below the accepted standards of care, such as not providing proper follow-up care, failing to read medical records, or not taking the patient’s medical history into account when making a diagnosis. Patients may also bring claims against medical professionals for birth injuries or for harm caused by defective medical products. In these cases, the injured party must prove that the medical product was the direct and proximate cause of the injury. Additionally, medical malpractice suits may also be brought forth for emotional distress, wrongful death, and wrongful life claims.
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