Medical Malpractice
Failing to use the knowledge, skill and care ordinarily exercised by members of the relevant community.

Medical malpractice is any action for personal injury against a health care provider and is based upon professional negligence. A health care provider is defined by Cal. Civ. Code 3333.1(c)(1).

It is the duty of a physician to:

  1. Have the degree of learning and skill ordinarily possessed by practitioners of the medical profession in the same or a similar locality, under similar circumstances,
  2. Use the same degree of skill and care usually exercised by practitioners for the medical profession in the same or a similar locality, under similar circumstances,
  3. Use reasonable diligence in the application of the physician’s learning and skill.

Due to a law called MICRA, non-economicĀ damagesĀ (e.g. pain and suffering) are limited to $250,000 in medical malpractice cases, no matter how horrific the injuries and negligence.

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Client Testimonial

Brian Pedigo assisted us in a hit and run accident case involving our dog. It was a challenging case as the insurance company representing the individual who hit our dog was making the process very difficult and their client was not truthful to either them or the police. Brian was very diligent in his work to keep pushing for an acceptable outcome, had done his research and was prepared to take this case to court if we decided to do so. He was very patient w/ the numerous questions and ‘what ifs’ that we proposed. Brian was both knowledgeable and realistic w/ the possible outcomes because of the uniqueness and particular circumstances involving the hit and run of a pet. Thank goodness Socrates survived(albeit a little hitch in his giddy up and a sometimes sideways tail!). Brian helped us at an emotionally difficult time and I can confidently say we would not have had a positive outcome had he not taken our case. Thank you, Brian! — D.T.

Disclaimer

These testimonials or endorsements do not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.