Any time you go to a medical professional for assistance, you expect to receive a standard level of care. Unfortunately, medical malpractice is a serious concern that can lead you to suffer harm at the hands of those meant to heal you.
Many forms of malpractice can occur in the medical field. Some of the most harrowing, however, are those involving errors between specialists.
Not only are these cases likely to result in severe health consequences, but they are also much more complex to navigate because you may have to prove specialist and hospital liability for medical malpractice. In the article below, we will take a closer look at cases involving errors between medical specialists in California.
Types of Specialist Errors That Can Result in a Medical Malpractice Claim
Every type of harm that you suffer in a medical setting is not immediately or necessarily malpractice. Many procedures are inherently risky, and some situations are impossible to predict or prepare for. Malpractice only occurs when a healthcare provider provides substandard care that is not reasonable under the circumstances.
When dealing with specialists, one of the most common errors involves a medical professional failing to refer a patient to the right specialist. In that case, a patient might be referred to a specialist who is not qualified to treat the condition at issue. In other situations, there might be a referral to the correct specialist, but that referral is jeopardized because of a delay in the referral process, which could allow a medical condition to get worse. Finally, you could be given a referral meant for someone else because of a mix-up in patient files.
Additionally, malpractice can happen if there is a system error, medical error or communication error in specialist-specific diagnostic assessments. A specialist might interpret imaging studies incorrectly or not take heed of the results of a pathology exam, leading to a misdiagnosis. Even if the results are interpreted correctly, the specialist may not communicate the outcome to the patient’s physicians, resulting in delayed care.
In complex cases involving multiple facilities, a lack of coordination between different locations can be considered malpractice, too. Paperwork can get lost, electronic records may not be updated, and a variety of other serious errors can arise. This would require proving hospital liability for medical malpractice.
Establishing Breakdowns in Specialist Coordination Procedures
These types of personal injury claims are never simple for patients because it is necessary to establish that there was a breakdown in coordination between specialists or between a primary physician and a specialist. Multiple parties may be involved, as well as the facilities that employ them.
The first step is to identify those potentially liable parties. With an attorney, you will be able to pinpoint who owed you a duty of care that was breached, leading you to suffer injuries caused by a medical error.
If the first doctor you go to doesn’t refer you to the right specialist or delays the process from communication errors, for example, then you can hold them liable. If the hospital employs them, then vicarious liability might apply.
Sometimes, both a primary care physician and a specialist could be liable. They may not communicate effectively, causing the specialist to not get enough information. If neither party follows up on results or treatment plans, both the professionals and the hospitals that employ them could share liability with the medical professionals.
None of this is simple to prove, however. It requires establishing that another healthcare provider in the same position would not have made a similar error. To do so, you’ll need to get testimony from experts in the same field.
Degree of Liability and Hospital Negligence
Keep in mind that not all parties involved may share the same degree of liability. It will be necessary to conduct a thorough investigation to see where the real breakdown in communication and coordination occurred and whether one party’s conduct was more severe than another’s.
Hospital liability for medical malpractice will depend significantly on whether the healthcare providers are employees of the facility or not. If they’re considered to be independent contractors, then it will be more challenging to prove liability against the hospital. You would need to demonstrate that the hospital’s hiring practices were negligent in some way, for example.
Other Key Considerations
Thorough investigations are necessary for all of these cases. It’s also important to take on these claims as promptly as possible because of California’s statute of limitations. Under this law, you only have three years from the injury or one year from when you should have discovered it. If you miss that deadline, you won’t be able to file a lawsuit or recover compensation for your injuries.
Proving Hospital Liability for Medical Malpractice With a Skilled Attorney
If you sustained injuries because of a healthcare provider’s negligence or wrongful conduct, filing a personal injury claim can allow you to pursue the compensation you need to move forward. At The Trial Law Offices of Bradley I. Kramer, M.D., Esq., our dedicated team can assist you in fighting for your rights.
We have decades of experience helping the people of California who have suffered because of the conduct of others. Contact our team to schedule a free consultation to learn more about claims involving hospital liability for medical malpractice today.