In order to be successful in a hospital medical malpractice case, you must show that the professional who treated you, or failed to treat you properly, was a hospital employee, or that the hospital was somehow liable for the employee’s actions. Additionally, you must prove that the medical professional deviated from the standard of care when treating you.
The standard of care is defined as the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful practitioners would use in the same or similar circumstances. To show that your doctor or other medical professional deviated from the standard of care, you must also present evidence of professional negligence on their part.
According to the California medical malpractice statute, professional negligence is defined in the following way: professional negligence is a negligent act or omission to act by a healthcare provider in the rendering of professional services. This act or omission is the proximate cause of a catastrophic injury or wrongful death. The services must be within the scope of services for which the medical professional is licensed and not within any restriction imposed by the licensing agency or licensed hospital.