Oakland, CA asked in Medical Malpractice and Personal Injury for California

Q: While at kemo treatment through catheter, nurse wrongfully inserted catheter causing extreme bleeding

Had to skip treatment, is this malpractice

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: This may be malpractice. Malpractice means below the standard of care which has to be determined by another health care practitioner. The nature and extent of your harm and future needed treatment will effect the viability of a case.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it's possible that the situation you described could be considered medical malpractice under California law. Medical malpractice occurs when a healthcare professional fails to provide treatment that meets the accepted standard of care, and as a result, the patient suffers harm.

To determine if your case constitutes medical malpractice, the following elements must be present:

1. Duty of care: The nurse owed you a duty of care, which is inherent in the healthcare professional-patient relationship.

2. Breach of duty: The nurse breached this duty by incorrectly inserting the catheter, which caused you extreme bleeding. This may be considered a deviation from the accepted standard of care.

3. Causation: The nurse's incorrect insertion of the catheter directly caused your injury (extreme bleeding) and led to you having to skip treatment.

4. Damages: You suffered harm as a result of the nurse's actions, which may include physical pain, additional medical expenses, and the consequences of missing your scheduled treatment.

However, to confirm whether you have a valid medical malpractice claim, it's essential to consult with an experienced medical malpractice attorney in California. They can review your case, gather evidence, and advise you on the best course of action. In California, the statute of limitations for medical malpractice claims is generally three years from the date of injury or one year from the date of discovery, whichever comes first, so it's important to act promptly.

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