How To File A Medical Malpractice Lawsuit

How To File A Medical Malpractice Lawsuit

If you think you have been the victim of medical malpractice in California, it is important to act quickly. You only have one year from the date of discovery of your injury to file a claim, so time is of the essence.

Medical malpractice claims can be complex and challenging to win, but if you have suffered an injury due to negligence on the part of a healthcare provider, you may be entitled to compensation. An experienced medical malpractice attorney can evaluate your case and help you determine the best course of action.

What is medical malpractice?

If a health care provider is negligent in their actions or omissions while providing professional services, and this results in personal injury or death, it may be considered medical malpractice. For this to be the case, the act or omission must have been the proximate cause of the injury or death, and the service must fall within the scope of the provider's license.

If you believe that you or a loved one has been a victim of medical malpractice, it is important to speak with an experienced attorney who can help you understand your legal options. An experienced attorney will review your case and determine if you have a valid claim. Contacting an attorney as soon as possible after an incident of medical malpractice is vital, as there may be time limits on how long you must file a claim.

Medical malpractice can have devastating consequences. If you believe that you or a loved one has been the victim of medical malpractice, contact an experienced attorney today to discuss your legal options.

Who can be sued for medical malpractice in California?

Medical malpractice laws in California are designed to protect patients from substandard care. These laws apply to all healthcare providers and facilities licensed by the state, including but not limited to doctors, chiropractors, podiatrists, nurses, anesthesiologists, psychologists, physical therapists, pharmacists, hospitals, clinics, and laboratories. If you believe you or a loved one has been the victim of medical malpractice, it is important to seek legal counsel as soon as possible. An experienced attorney can help you navigate the complex legal process and fight for the compensation you deserve.

What damages can a patient sue for?

Medical malpractice can have a devastating impact on a victim's life. In California, victims of medical malpractice may be able to recover compensatory damages for their injuries.

These damages can include, but are not limited to:

• Medical bills for treatment, medication, etc.

• Home health care costs.

• Physical and occupational therapy.

• Lost wages.

• Lost earning capacity.

• Non-economic damages such as pain and suffering and loss of enjoyment of life.

If you have been injured by medical malpractice, it is important to get legal help right away. An experienced attorney can evaluate your case and help you understand your rights and options.

Are there limits to how much money I can recover?

If you've been the victim of medical malpractice, you may be entitled to compensation for your injuries. However, in California, there is a limit on the amount of non-economic damages you can receive.

California Civil Code 3333.2 puts a cap of $250,000 on non-economic damage awards in medical malpractice lawsuits. This is the result of the Medical Injury Compensation Reform Act (MICRA), which California voters passed in 1975.

But if Assembly Bill 35 passes, in 2023 the non-economic damages cap would increase to $350,000 in non-fatality cases and to half a million dollars in wrongful death cases. And the caps would increase incrementally through 2033 to $750,000 in non-fatality cases to $1 million in wrongful death cases. Note that this bill is not retroactive, so it would only apply to cases filed after January 1, 2023.

If you've been the victim of medical malpractice, it's important to know your rights and what compensation you may be entitled to. An experienced attorney can help you navigate the legal process and fight for the compensation you deserve.

Is it possible to get punitive damages?

A plaintiff may be entitled to punitive damages in a California medical malpractice case if he or she can show clear and convincing evidence that the defendant committed oppression, malice, or fraud.

To recover punitive damages, the plaintiff must show that the defendant’s conduct was despicable and done either intentionally or with a willful and conscious disregard of the rights or safety of others. This can often be shown by demonstrating that the defendant acted recklessly or with gross negligence.

If you have been the victim of medical malpractice and believe that you may be entitled to punitive damages, it is important to speak with an experienced attorney who can evaluate your case and help you pursue the compensation you deserve.

What is the statute of limitations for medical malpractice in California?

The amount of time a plaintiff must sue is known as the California “statute of limitations” or “limitations period.” The time limit to sue in a California professional negligence case depends on whether the injured party is an adult or a minor.

For adults, the general rule is that the statute of limitations for suing a professional for negligence is two years from the date when the injury was sustained. However, there are some important exceptions to this rule.

If the injured party discovers their injury only after some time has passed, the statute of limitations may be extended. For example, if an individual suffers an injury due to medical malpractice but does not discover the injury until months or even years later, they may still have time to sue.

In addition, if the defendant is a government entity, the statute of limitations may be shorter. For example, in cases involving negligence by a government employee, the plaintiff only has six months to file a claim.

Lastly, if the injured party is a minor, the statute of limitations does not begin to run until the child turns 18 years old. This means that a minor who was injured by professional negligence has up to two years after their 18th birthday to bring a lawsuit.

California’s medical malpractice statute of limitations for adults

If you've been the victim of medical malpractice, you need to be aware of the statutes of limitations that apply in California. You have three years from the date of the injury to file a lawsuit or one year from the date you discover (or should have discovered) the injury.

The limitations period for minors

If you or your child has been injured by medical malpractice in California, it is important to know the statute of limitations for filing a claim. The statute of limitations for medical malpractice claims in California is three years from the date of the alleged wrongful act. However, if the minor was less than six years old at the time of the injury, the minor has until their eighth birthday to file a claim. If you have any questions about the statute of limitations for your case, please contact an experienced medical malpractice attorney who can help you understand your legal rights and options.

Exceptions to the statute of limitations

The limitations period for a professional negligence action against a healthcare provider may be “tolled” (paused) during periods in which the healthcare provider commits fraud or intentionally conceals wrongdoing.

Additionally, the limitations period may be paused if there is a foreign body that has no therapeutic or diagnostic purpose or effect inside the injured person, or if a minor’s parent has colluded with the defendant’s insurer or a health care provider not to bring a malpractice action on behalf of the injured minor. In these cases, the injured party may have more time to file a professional negligence action against the healthcare provider.

How does a patient prove professional negligence?

A medical professional is negligent if he or she fails to use the level of skill, knowledge, and care that other reasonably careful practitioners would use in the same or similar circumstances. This level of skill, knowledge, and care is sometimes referred to as “the standard of care” or “duty of care” in California.

Establishing the standard of care generally requires the testimony of one or more expert witnesses. In addition, the plaintiff must prove that the defendant’s breach of the standard of care caused the plaintiff’s injuries. In other words, it is not enough that the outcome would have been different if the defendant had acted differently. The plaintiff must show that it is reasonably probable that he or she would not have been injured if the defendant had not breached the standard of care.

If you have been injured by a medical professional’s negligence, you should speak with an experienced personal injury attorney as soon as possible to discuss your legal options. An experienced attorney can help you gather evidence to establish the applicable standard of care and causation and can fight for the full compensation you deserve.