MEDICAL MALPRACTICE INJURY

In The News

Woman Awarded $198,000 for Medical Malpractice

Medical Malpractice > Surgery

August 16, 2010

Los Angeles, CA - In 2007, Ana Jimenez-Salgado underwent a biopsy to check for breast cancer. Two independent non-county pathologists mistakenly concluded that she had cancer. Based on the diagnosis, county physicians then performed a double mastectomy to remove the cancer. However, a later study of the breast tissue that was removed found that Jimenez-Salgado did not have breast cancer. The independent pathologists diagnosed a harmless condition that had a similar appearance to cancerous cells.

Medical Malpractice Overviews

Damages You Can Recover in a Medical Malpractice Injury Case

Recovery in a medical malpractice injury case based on negligence requires proof of the damages proximately caused by the breach of the duty owed to the patient by the physician or surgeon. As in all personal injury cases, the tortfeasor is liable for any compensatory damages flowing from the breach of duty. However, an aggrieved party cannot recover for damages that are remote, uncertain, or speculative. In this regard, the burden is on plaintiff to prove the elements of damages with reasonable certainty.

The concept of consent plays a major role in medical malpractice cases. A patient's consent is a prerequisite to treatment by a health care provider, and failure to obtain consent subjects the health care provider to liability for battery, irrespective of the skill or care used. In some instances, the consent to perform a medical procedure may be implied. Naturally, this general rule of requiring consent may not apply in emergency situations. If a health care provider obtains consent for one procedure but actually performs a different procedure, the provider may be liable for battery.

In the midst of conflicting claims and studies about what is causing the rise in malpractice premiums, does the president's proposed cap on jury awards fix anything?