The California legislature passed a law allowing patients to sue doctors, hospitals and other health care providers for damages in medical malpractice cases. It allows patients to recover compensation for actual costs of the medical care, future earning capacity and other measurable economic losses caused by the defendant’s negligence.
Our lawyers are experienced in representing clients with complex health care disputes. We can help you with a claim against a doctor or hospital for medical malpractice. In some cases, medical malpractice suits are complicated by the fact that the patient is insured through a managed care company. A skilled San Francisco County Medical Practice Liability lawyer can guide you through this process.
Ard, the man who sued UCSF, says his case illustrates the Kafkaesque struggle many patients face when fighting enormous or inexplicable medical bills. The journey he took to beat this medical Goliath offers a window into the complex factors behind these cases, as well as a glimpse of the enormous health care industry lobbies that fight to keep health care litigation out of the courts.
In his lawsuit against UCSF, Ard, who was diagnosed with a deep vein thrombosis and pulmonary embolism, claimed the medical center improperly billed him for a procedure called a DVT preventative. He alleged the DVT procedure was unnecessary and that his doctor had failed to perform certain medical tests or consult with specialists. The lawsuit also claims the medical center mishandled a subsequent blood test to determine whether the DVT was caused by a clot or had shifted from the leg to the brain.
After filing his complaint against UCSF, Ard took the matter to small claims court and won. The medical center was forced to pay him nearly $3,400. However, he remained at the whim of UCSF for other billing issues. He had to file a second suit against the hospital in order to resolve these outstanding charges.
UCSF argued that the lawsuits against it in which relief was granted did not involve a showing that it had exercised monopoly control. Moreover, it argued that a showing of monopoly control was not required in this case because the four hospitals involved in the plaintiff’s lawsuit comprise only a fraction of the hospitals in the Bay Area. It also argued that the plaintiff did not demonstrate that it had engaged in unfair or deceptive business practices.
As a result, the appeals court ruled against UCSF and affirmed the judgment in favor of Ard. This decision underscores the importance of having a strong legal team in place to protect your medical license and your interests against wrongful claims for malpractice. If you are a doctor in the Bay Area, we recommend that you obtain professional liability insurance from MEDPLI. This carrier is physician-owned and serves more than 21,000 physicians across the United States. Its AM Best rating is A+, Superior, which indicates its financial strength and stability. You can learn more about its services by contacting the company or getting a quote.