Posted on Wednesday, June 15th, 2016 at 1:20 am    

According to one recent study, medical malpractice is currently the third leading cause of death in the United States.  The authors of the study indicate that medical errors are not being reported as often as they occur because of the way causes of death are coded for death certificates.

When the most common causes of death are compiled each year, the causes are compiled by analyzing the international code for the cause of death on death certificates. Because there is not an International Classification of Disease (ICD) for medical malpractice, this cause of death is not included by the Centers for Disease Control when compiling the list of the most common causes of death. Researches analyzed other data and concluded that medical malpractice results in the death of approximately 251,000 people each year making it the third most common cause of death.

What is Medical Malpractice?

Medical malpractice occurs when a patient suffers injury or harm because a healthcare provider acted in a way that deviated from the accepted standard of care. In order to recover in a medical malpractice lawsuit, you must prove that a medical provider had a duty to the patient, he or she violated that duty, and the patient was injured as a result of the breach of duty.

The key to a medical malpractice claim is proving that the medical provider violated the duty of care. A medical provider must follow the “recognized standard of care” when treating a patient. The recognized standard of care is based upon what other physicians in similar circumstances would have done to treat the patient.

Proving a medical provided violated the recognized standard of care can be difficult. It requires the use of expert witnesses who can establish the recognized standard of care based on the facts of the case. Simply because a patient did not have a positive outcome is not sufficient evidence that the medical provider breached the duty of care. Sometimes bad things happen when treating a patient and there is nothing the physician could have done differently that would have resulted in a positive outcome. Physicians are not miracle workers — they cannot “heal” every patient.

What Are Some Examples of Medical Malpractice?

Medical malpractice can occur in every area of the medical field and can occur in the diagnosis and treatment of a medical condition. Examples of medical malpractice include:

  • Misdiagnosis or failure to diagnose
  • Prescribing or administering the wrong medication
  • Anesthesia errors
  • Surgical errors (i.e. objects left in a patient, operating on the wrong site, failing to sanitize the operating room, etc.)
  • Failing to obtain informed consent
  • Birthing errors

If you or a loved one has suffered injuries due to actions or omissions of a medical provider, you need to consult with a Sacramento personal injury attorney as soon as possible. You have a very short time to file a medical malpractice claim. If you fail to file your claim, you lose the right to receive damages for your injuries.

Call for a Free Medical Malpractice Consultation

To learn more about California medical malpractice claims, contact the Tiemann Law Firm by calling (916) 999-9000 or chat with a representative on our website to schedule your free legal consultation.

Client Testimonials

Hanna Padilla Testimonial

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Star Fire Testimonial

It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Maye Ly Testimonial

I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial

Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial

I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.