California Medical Malpractice Law Blog

In a closely watched California personal injury case, the California Supreme Court has determined that an injured party is not entitled to recover undiscounted medical expenses when a third party has negotiated a favorable deal with the health care provider. This ruling has the potential to significantly impact the amount of medical costs recovered in medical malpractice and other personal injury lawsuits throughout California.

In Howell v. Hamilton Meats, a woman – Rebecca Howell – was injured in a car accident. As the result of the incident, she required medical care including several surgeries. At trial, a jury awarded her the full amount of her medical costs. However, the court reduced this amount to the actual amount paid by the insurance company on the bills. The discounted amount reflected a prior agreement made between the insurance company and her health care providers. In many situations, the amount an insurance company actually pays of a medical bill represents only a fraction of the amount stated in the ”real” bill.

On appeal, the appellate court determined that the reduction violated the “collateral source rule.” The collateral source rule provides that a damage award to be paid by a responsible party cannot be reduced if the injured person receives money from a third party source. The Supreme Court reversed the lower court, determining that the collateral source rule was inapplicable. The court reasoned that when an insurance company negotiates a prior agreement to pay less than the full amount due on a medical bill, those are not damages an injured party would otherwise recover.

The court stated that because the discounted amount does not “represent an economic loss for the [injured party] they are not recoverable in the first place.”

As noted in its dissent, the court expressed its concern that negligent parties may benefit unfairly from this ruling.

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According to recent reports state regulators have never disciplined hundreds of California doctors from Los Angeles to San Francisco and throughout the state who have lost hospital privileges as the result of committing medical malpractice, incompetence and other serious errors. This means that in many cases, despite finding a history of medical malpractice leading to serious harm, many dangerous doctors are allowed to regain and even retain their licenses.

We rely on medical providers to offers us care and support during our most critical moments. While most medical providers offer excellent care, some providers do not hold themselves to a requisite standard of care. The failure to act appropriately may constitute medical negligence. Physician’s found guilty of medical malpractice may be subject to additional sanctions, including the loss of licensing and ability to practice at California hospitals.

The O.C. Register, summarizing findings exposed by the non-profit D.C. based Public Citizen raises some alarming concerns regarding the state of medical mistakes in California. This includes the finding that 710 physicians with privileges restricted by a California medical entity between 1990 and 2009 had never been restricted by the state board. This figure includes 102 doctors considered an “immediate threat to health or safety of patients.” Actions placing them in this category include doctors who are guilty of malpractice, incompetence, repeatedly leaving foreign objects inside
of patients and other dangerous practices.”

Due to a lack of response from the California medial board, Dr. Sidney Wolfe of Public Citizen has now contacted Governor Jerry Brown, itemizing several concerns to be addressed in order to improve patient safety and decrease the incidence of California medical malpractice. As California medical malpractice attorneys we are hopeful that changes will be implemented to improve the overall quality of care received by California patients.

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A California Court of Appeals has upheld a medical malpractice jury award of $9.9 million. The case arose after a patient suffered brain damage as the result of an accidental overdose from a morphine-filled pain pump.

We count on medical providers to care for us and support us during our most critical moments. Although most health care workers provide excellent care, in some situations providers do not hold themselves to the requisite standard of care. When professionals fall below this standard, they may be guilty of medical malpractice.

Here, a woman sued a home-nursing firm for negligence in her post-surgery care. The lawsuit alleged that medical staff failed to provide a “timely post-op visit” on the day of surgery and failed to adequately maintain a morphine pump, which led to “some of all of her brain damage.” According to documents, the morphine pump locked out twice, giving her morphine doses above the prescribed amount. As a result of the overdose, the woman suffered a brain injury. A lawsuit was filed on her behalf alleging product liability, negligence and medical malpractice.

A jury found the health care corporation that employed the home-nursing staff liable and awarded compensation for her damages, including future medical costs.

Although not every unfavorable outcome is a case of medical malpractice, where you have suffered a devastating injury due to the actions or inaction of medical professionals, you may be able to recover compensation.

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Recently, Sir Liam Donaldson – the World Health Organization’s Envoy for Patient Safety – issued the following medical error warning, “Medical errors and hospital-acquired infections injure more people each year than flying, but many aren’t aware of the risks.” In fact, the chances of dying from a medical error is a hospital anywhere in the world is about 1 in 300…[T]he risk a dying in a plane crash…about 1 in 10 million.”

Worldwide, medical errors and infection rates are as high as 16 percent. In the United States the risk is lower, but depends on the medical facility.

Often, it is simple errors that cause catastrophic injuries while hospitalized – such as the failure of medical staff to wash hands. The errors occur across the board. WHO notes, “The problem with hospital-acquired infections spans every level of economic development battling infections that are similar to those in less-developed areas of the world.” In fact, of every 100 patients hospitalized in a developed country, 7 will acquire at lease one health care-associated infection.

As San Francisco medical malpractice attorneys, we are hopeful that this report will raise awareness about patient safety and the epidemic of medical errors.

Continue reading " World Health Organization Declares Hospital Stays Riskier Than Flying " »