Injured In An Accident?
Understanding Medical Malpractice Claims In California
Someone who is ill or injured should expect to receive the standard of care when going to a medical facility in California. Unfortunately, professionals in these settings can act negligently, resulting in the patient experiencing a worsened condition.
When that occurs, California law enables victims to file a lawsuit against the responsible parties. There are several key points that plaintiffs alleging medical negligence should know.
Is There A Deadline To File A Lawsuit?
- Yes. According to California law, victims have one year from the date that they knew about or should have known about their injury to file a claim for medical negligence, or three years from the date of the injury. The earlier date will be the deadline for filing the lawsuit.
How Do I Prove Medical Malpractice?
Other points include the following:
- That the physician or facility deviated from a standard of care
- That the deviation caused the injury
- That the injury led to the damages the plaintiff is claiming
What Damages Are Available?
Lastly, there are punitive damages, which are meant as a punishment to an, especially negligent defendant. For example, if an infant suffers a birth injury because a physician purposefully did not order a Cesarean section in time, a judge could order the physician to pay punitive damages.
Is There A Cap On Damages?
Medical malpractice cases require a keen knowledge of state and federal laws as well as experience navigating these highly complex matters. Anyone who has questions about this issue should consult with a personal injury attorney in California.
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