Medical Malpractice Standards in California, Research Paper Example

In the state of California, medical malpractice refers to an event in which a physician or other healthcare professional breaches or oversteps common standards of care when providing treatment to a patient. According to the law, in order for the patient to file a malpractice claim against a physician or other healthcare professional, there must exist some type of physical injury, such as that which occurs during a botched operation or when a patient is given the wrong medication that results in a physical injury. Basically speaking, this common standard of care refers to procedures and practices that are widely accepted and condoned by healthcare professionals within the state of California and elsewhere in relation to treating a specific illness or disorder (The Basics of California Medical Malpractice Law, 2015).

The most important rule or regulation pertaining to medical malpractice lawsuits in the state of California is the statute of limitations, being the “timeframe in which an injured patient can file a lawsuit” against a physician or other healthcare professional. According to the law, a person who claims to have been injured by his/her physician has up to one year to file a medical malpractice suit “after the discovery of the act that caused the injury,” and up to three years from the date that the injury allegedly occurred. This rule is in place as a way of providing attorneys sufficient time to file a medical malpractice lawsuit (The Basics of California Medical Malpractice Law, 2015).

Two additional rules deserve some consideration. First of all, if the plaintiff of the malpractice lawsuit intends on using expert witnesses, they must possess the proper education and training in the medical field related to the injury. Second, the state of California permits and encourages contracts for arbitration between the parties as a way to lower court costs and save time.

References

The basics of California medical malpractice law. (2015). Retrieved from http://www.attorneys.com/medical-malpractice/california/california-medical-malpractice-law-basics