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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