David Grant Medical Center at Travis Air Force Base in California has been the subject of a horrifying litany of medical malpractice complaints. Recently, an ABC7 News team investigating conditions at the medical center reported on the death of one young man after the emergency room at David Grant failed to do a CT scan when he arrived suffering an acute aortic emergency. Another malpractice case involved a man who came in for gall bladder surgery and ended up in a wheelchair for life, both legs amputated, after surgeons accidentally cut his aorta, shutting off the blood supply to his legs.
When is an Injury the Result of Malpractice?
To have a claim for medical malpractice, the injured party (or loved ones of the injured party) must be able to prove that the doctor, or other medical professional, violated their industry's standard of care when treating the patient. This is the critical element in proving whether a medical injury stemmed from negligence, which may indicate malpractice occurred. That determination typically requires consideration of both the local practice and national medical standards. If a doctor's care falls short of those expectations, the doctor may be liable for the patient's injury, which was caused (directly or indirectly) as a result of the doctor's actions/inaction.
Once it is determined that a doctor violated the standard of care, the patient must show that he or she suffered an actual injury as a direct result of the doctor providing substandard treatment. The burden of proof is on the patient to prove medical malpractice.
Damages available to injured patients vary according to state law. Some states such as California have legislated caps on the amount of noneconomic damages (e.g., damages for pain and suffering) a patient can obtain in a lawsuit.
To learn more about damages and damage caps, speak to a knowledgeable personal injury attorney today. Lawyers at Corsiglia McMahon & Allard, LLP, have experience with medical malpractice claims against military hospitals and nonmilitary medical centers and can provide you with more information regarding your situation, answer any questions you may have and assist you with pursuing your legal claim.
