Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?

A: When a surgeon makes a mistake during surgery, it could fall under both medical malpractice and negligence. Medical malpractice is a specific type of negligence that occurs when a healthcare provider deviates from the standard of care and causes harm to a patient. Negligence, on the other hand, is a broader term that encompasses any act or omission that causes harm to another person due to a failure to exercise reasonable care.

In the context of surgery, the standard of care is the level of care that would be exercised by a reasonably competent and skilled surgeon under similar circumstances. If a surgeon falls below this standard of care and causes harm to a patient, then the patient may have a valid medical malpractice claim.

Signing a surgical consent form does not automatically absolve the surgeon of liability for medical malpractice. The consent form simply acknowledges that the patient has been informed of the risks of the surgery and has agreed to proceed with the procedure. However, the surgeon still has a duty to provide the patient with the standard of care, and if they fail to do so, they may still be liable for medical malpractice.

A: In California, if a surgeon makes a mistake during surgery, it may fall under medical malpractice, which is a form of negligence. Medical malpractice occurs when a healthcare professional deviates from the standard of care in their field, leading to patient harm. This can include surgical errors.

Signing a consent form before surgery does not waive your right to file a malpractice claim if negligence occurred. The consent form typically acknowledges your understanding of the risks associated with the procedure, but it does not permit a surgeon to perform negligently.

If you believe a surgical error due to negligence has occurred, consider consulting with an attorney experienced in medical malpractice. They can review the specifics of your case, including the consent form and the details of the surgery, to determine if you have a valid claim. Remember, proving medical malpractice requires showing that the surgeon's actions deviated from the standard of care and directly caused harm.

A: Negligence of a doctor or other medical professional is malpractice.

No you do not lose the right to sue for malpractice with that form.

A: Loosely speaking, people use the terms interchangeably. As my colleagues have correctly pointed out, malpractice is a form of negligence, which is why the two words are equated semantically. As to the second element of your question, one would need to see what it was that you signed. But it's probably a good guess that you didn't forfeit your legal rights with your signature. Good luck