Orange County Medical Malpractice Attorney Comments on Cosmetic Surgery
Recent studies for cosmetic surgery services indicate the industry will reach the $40 Billion mark by the year 2013, up from $31.7 Billion in 2008. Southern California is recognized as a mecca for performed cosmetic plastic surgery. Unfortunately, plastic surgery has risks and can cause a person irreparable harm or even death. So, what are your legal options when improper plastic surgery leads to a bad outcome? Do you have a medical malpractice case? What are California’s medical malpractice laws?
What is Medical Malpractice?
Medical malpractice, or medical negligence, occurs where a medical care provider, such as a physician, nurse, hospital employee, or other medical personnel; acts below the standard of care in the medical community and thereby causes damages to an individual. All paid medical professionals, which includes cosmetic surgeons, are responsible for the safety of their patient and have a code of conduct which they are legally obligate to uphold. When that code is breached, they are guilty of negligence or malpractice. Medical malpractice is the leading form of malpractice today and is a serious charge. You can sue a hospital or doctor but it shouldn’t be taken lightly by a patient due to a complication or bad outcome. And don’t expect million dollar awards in the State of California.
California’s Medical Malpractice Laws
Standards and regulations for medical malpractice vary by state, especially for the State of California. Since the 1970’s, California law has limited awards for pain, suffering, emotional distress and other non-economic damages to a maximum of $250,000. In addition, while victims of medical malpractice can be compensated for their economic loss, they often receive more modest monetary awards than persons with identical injuries due to other causes, such as auto accidents.
When do you have a Medical Malpractice Case according to California Law?
Generally, you may have a case in the State of California when the surgeon has inadequate training, the doctor didn’t inform you of the risks, doctor didn’t properly treat or test results. Statute of limitations apply in the State of California so be sure to consult an attorney immediately should you or a family member fall victim of poor cosmetic surgery care. If you you weren’t properly informed of the risks or feel a plastic surgeon didn’t follow the highest medical standards that resulted in bad outcome, you may have legal grounds to pursue a medical malpractice lawsuit. An experienced medical malpractice lawyer can determine your case and help you obtain financial compensation for any suffering that you have experienced.
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Elder Abuse Case, Bates vs. Presbyterian Intercommunity Hospital
Under certain provisions of the law, located at Welfare and Institutions Code §15657 (often referred to as the Elder Protection Act), a prevailing party in an Elder Abuse case can recover attorney’s fees, and costs. A defendant, however, is not permitted to recover these under this Act.
A recent California Supreme Court case addressed the liability of a school district for the sexual abuse/misconduct allegations against a school counselor in C.A. vs. Hart Union High School District. In this case the plaintiff/student alleged that the school district was liable for the conduct of the counselor.
Personal Injury Newsletter – August 2011
In Howell vs. Hamilton Meats, the Supreme Court held that an injured party could not recover the amount of the medical bills that were billed, only the amount that was paid.
