Q: What is the considered medical malpractice in the state of CA?
I broke my L-ankle and R-5th metatarsal. I went to our local ER and they scheduled an appt eithlocal orthopedic surgeon.He preformed the surgery. At the 1st f/u appt he asked if I was taking my antibiotics I told him I didn’t receive any. He prescribed some. By my 2nd f/u appt my L-leg below my knee was swollen my toes had a yellow, greenish color. When the dressing was removed there was a a blackish, greenish fluid.When I asked about my R-foot he said it would be fine. I scheduled an appt for a second opinion the next day. That orthopedic surgeon removed the staples to relieve pressure and cleaned the surgery site. She had me admitted the next day to the hospital. I had 3 surgeries to remove the dead tissue/muscle, realign my bones properly and surgery on my right foot. I had to have a skin graft and marrow transferred from my right knee to my right foot. I was hospitalized for 14 days. I had a 4th surgery 2 weeks ago due to infection. This has been a painful and expensive process.
A: The question is, was it “below the standard of care” not to immediately prescribe antibiotics. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. You may have a good malpractice case.
A:
Malpractice is when a medical provider does something, or fails to do something, that a reasonable provider in the same circumstances would have done competently, and which caused you some significant injury.
What you describe sounds like malpractice. However, an orthopedic surgeon would have to be hired to examine the records and give a medical opinion on what happened.
A: A departure from a standard of care, damages that ensue as a result, and a causal relationship between the departure from the standard of care and the damages. Good luck
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