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Common Types of Medical Malpractice Cases in California

Common Types of Medical Malpractice Cases in California

Medical malpractice lawsuits arise due to negligence of the medical staff. Negligence of the medical staff is the third leading cause of fatality in the US. In 2018, the total medical malpractice payouts were over $4 billion.

A lot of people die in California due to medical staff negligence. In this blog post, you will learn about 4 common reasons that lead to medical malpractice lawsuits in the US. Moreover, you will also learn how to make a successful medical malpractice claim in California.


Misdiagnosis is one of the most common types of medical negligence. Around 33 percent of malpractice claims are due to mistakes in patient diagnosis. The most common illnesses that doctors usually misdiagnose include heart diseases and cancer.

Failure to diagnose illnesses can lead to catastrophic illnesses, and even death. You should contact a medical lawyer if a doctor fails to make a timely diagnosis that results in an injury.

Obstetric Negligence

Obstetric negligence is also a common type of medical negligence. Medical staff sometimes makes mistakes that affect the pregnant mother or child. Common problems that arise due to obstetric or gynecological negligence include the following.

  • Placental problems
  • Unexpected vaginal bleeding
  • Gestational diabetes
  • Long labor that results in injury to baby or mother during child delivery
  • Hemorrhage of the mother during labor
  • Preeclampsia
  • Surgical errors during cesarean section
  • Premature babies
  • Negligence in administrating anesthesia
  • Nerve injury during child delivery

The above are the common injuries that occur during labor or childbirth. But you should realize that pregnancy is complex. Complication during pregnancy or delivery does not always is due to medical negligence.

Medical malpractice refers to negligent or wrongful action of medical staff. To win a medical malpractice lawsuit, you need to prove that the medical staff was negligent. You have to convince the court that the doctor or nurse did not act diligently. Consider contacting Bernard & Bernard Attorneys to know how to prove guilt in these cases.

Mistakes in Prescribing or Administering Drugs

Medication errors are unfortunately common, and the mistake arises due to prescribing the wrong medicines. Moreover, the medication can also result due to administrating too many drugs. A lot of mistakes occur due to administering too little medication.

The pharmacist can also give the wrong medication. These errors can lead to serious injuries or death. Death or injuries can also occur if the medical staff misses a dose.

If you or your loved one has suffered due to medication errors, you should contact Bearnard & Bernard Attorneys. Proving medication errors is difficult. Our experienced medical attorneys will look at all the evidence to determine guilt. With the help of a Bernard & Bernard Attorneys, you will have greater chances of proving negligence.

Surgical Errors

Mistakes during surgery are also not uncommon. The anesthesiologist may apply unsafe amounts of anesthesia drugs. Moreover, the surgeon may make a mistake resulting in serious injuries. The doctor may leave a surgical instrument inside the patient. In some cases, the doctor damages a nerve that results in uncontrolled bleeding.

Surgeons have also made the mistake of performing the wrong surgeries. In some cases, believe it or not, the surgeons have operated on the wrong part of the body. Common sites of surgical errors include the spine and the stomach.

Making a Medical Malpractice Claim in California

You can sue the guilty party to get compensation for injuries that result due to medical errors. Filing a medical malpractice claim will help you get compensation for your injuries. The compensation will recompense you for sufferings due to the medical staff’s negligence.

To make a successful claim for negligence, you need to prove the following in the court.

  • Negligence of the Medical Staff – You need to prove the negligence of the medical staff. You cannot make a claim only because you were not satisfied with the service. Negligence is an important criterion to hold medical staff liable for injuries.
  • Patient Suffered Damages – You can make a claim only if you had suffered damages. If the negligence of the medical staff did not result in any injuries, you cannot make a claim. Here are some of the common examples of damages for which you can make a claim.
    • Medical bills
    • Lost wages
    • Serious physical pain
    • Loss of companionship
  • Damages Resulted Due to Negligence – You cannot file a claim if you were already ill or injured. The court will question whether the negligence contributed to the damages.

Let’s suppose that a heart patient suffers a heart attack due to the negligence of medical staff. The patient has to prove that the damage ‘more likely than not’ occurred due to the incompetence of the staff. Generally, a malpractice lawyer asks a medical expert to testify in the court.

  • Patient-Doctor Relationship — This is also important for making a claim. Without a formal patient and doctor relationship, you cannot file a claim in court. A patient-doctor relationship is important if you want to sue for medical negligence.

For instance, suppose that a doctor you had met at a party had given you advice that resulted in an injury. In this case, no patient-doctor relationship had existed. So, you cannot sue the doctor for medical malpractice. You can sue the doctor only if you have been seeing the medical professional for treatment. The formal relationship is mandatory to file a medical malpractice case.


Getting the help of a medical malpractice lawyer is important. You should make sure that you contact Bernard & Bernard Attorneys. Contact a lawyer who holds a license in the state where you want to file a medical malpractice claim.

Our experienced lawyers will know what evidence to collect to prove negligence. Our lawyers will go at great lengths to collect the required evidence. With the help of Bernard & Bernard Attorneys, you will be able to make a successful claim against the negligent medical staff.

About The Author

LA Injury Attorneys

Shane Bernard is a prominent Los Angeles attorney. Mr. Bernard has a degree in philosophy from New York University and dual minors in both psychology and United States history.