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California Medical Malpractice Claims for Bone Fracture Injuries

Even the slightest bodily injury should be treated with care and appropriately. When a medical caregiver makes a serious medical error, they should be held accountable for the injuries they cause. Medical malpractice cases involving errors treating a broken bone may lead to life-long complications.

If you or someone you know sustained a bone-related injury while under medical care, it is important to know that there are California laws that protect the right to file a medical malpractice lawsuit. Consider speaking to a knowledgeable medical malpractice attorney for information on how and whether to file a claim.

California “Eggshell Plaintiff” Rule

There are a couple of forms in which a broken bone could factor into a medical negligence case. A medical caregiver could be careless to the degree of causing a bone fracture!  Of course, not every accident will constitute medical negligence. But even where the victim had a pre-existing condition, the State of California follows the eggshell plaintiff rule. In the California Civil Jury Instructions; if the claimant has a mental, emotional, or physical condition that was worsened by the defendant’s negligent actions, the claimant should be justly compensated for the [added] conditions or injuries.

For instance, if the victim with osteogenesis imperfecta, a brittle bone disease, sustained a fracture after visiting a physician for a routine check-up, the medical caregiver could be held responsible even if the injury was caused by an impact that would not have injured a patient with normal bones. The existing mental, emotional, or physical condition is sufficient to mandate responsibility for causing it to worsen.

Failing to Diagnose

The most regularly seen medical malpractice case involving a bone injury is the failure to diagnose (or failing to treat properly) the broken bone. This can happen by simply misreading an X-ray or improperly setting a patient’s healing bone. Simply failing to diagnose, however, may not be sufficient to file a successful medical malpractice lawsuit. Whether the doctor met the standard of care, a standard of the community of like physicians, comes into play.

After a Bone Injury, Hire the Legal Support You Deserve

Medical malpractice is often defined through cases where a medical professional carelessly failed to treat a person in keeping with the medical standard of care. If you or someone you know sustained an injury after being treated by a doctor, it is important to seek the legal advice of a proficient medical malpractice attorney. With the support of a knowledgeable attorney, you could obtain the financial recovery you deserve.

The medical malpractice attorneys at Heiting & Irwin have many years helping injured patients obtained the restitution they deserve following medical negligence. The law firm understands that medical negligence lawsuits demand swift legal action, and they will work hard to ensure their clients’ claims have the best opportunity at being successful. After sustaining an injury as a result of a medical negligence, contact the support of a qualified and experienced law firm as soon as possible.

James Heiting

The only past President of the State Bar of California ever elected from the Inland Empire, James Heiting handles civil litigation matters throughout California, recovering over $400 million for clients, dealing with wrongful death, serious injury, professional malpractice and transportation accidents. Also past President of Riverside’s County Bar, his firm has served the Inland Empire for over 30 years. View Attorney James Otto Heiting's Attorney Bio Here.

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