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Who Can Be Held Accountable For The Medical Malpractice?

Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation or institution licensed by the state to provide healthcare, medical services, nursing services or other health care services. A claim can be brought against physicians, dentists, nurses, therapists, hospitals, and pharmacists, among others.

California law holds a hospital liable for the acts of a physician if he is an actual agent of the hospital or when a patient is led to believe the physician is an agent. When a hospital holds out a physician as an employee, a patient may reasonably assume that the physician is an employee of the hospital without making an inquiry on the subject.

In general, public entities are immune from liability; however, they may be held liable for acts of their employees. The government entity has a duty to defend and indemnify its employees. Likewise, a public entity is liable for any injury proximately caused by an act of an independent contractor of the public entity to the same extent that the public entity would be subject to liability if it were a private person. A public entity is immune from liability for punitive or exemplary damages. However, under certain conditions, the public entity, other than the state, is authorized to pay punitive or exemplary damages on behalf of the employee. Public entities may insure themselves against all tort liability.

Other California Medical Malpractice FAQs

Q: Recoverable Damages
A: In the event of injury or loss of a loved one based on the conduct of his/her medical provider(s), that person and his/her family have certain rights under California … More
Q: What Is The Time Limit For Filing A Claim?
A: A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years … More
Q: What Are The Typical Attorney Fees For A Medical Malpractice Case?
A: Contingency fee agreements are agreements that an attorney has with his or her client regarding the payment of the attorney fees. It is not based on the usual hourly … More
Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are … More
Q: Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: What Damages Can Be Recovered For Medical Malpractice?
A: You can recover your actual economic losses such as the costs of reasonable and necessary medical care, rehabilitation services, custodial care, and loss of earnings. … More
Q: Does California Require That Claims Be Arbitrated Prior To Litigation?
A: California does not require claims of medical malpractice be arbitrated absent the parties` agreement to arbitrate. Many hospitals and doctors have patients sign an … More