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Understanding Medical Malpractice Claims In California
Victims of negligence in California should know the state’s laws regarding the deadline to file a claim, what must be proven and what damages may be.
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.
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?
There are a number of points that a plaintiff will have to prove in order to hold a medical professional or facility accountable for damages. First, there must have been a relationship between the doctor or facility and the patient. This establishes that the party had a duty of care to the patient.
Other points include the following:
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?
Several types of damages are available in a medical malpractice case. Economic damages are those that refer to the financial losses a victim suffers, such as medical bills, rehabilitation, prescriptions, and time missed from work. Noneconomic damages are non-quantitative and include pain and suffering.
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.
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?
California does limit the amount of money that a plaintiff may receive for noneconomic damages. According to the Medical Injury Compensation Reform Act, which was passed in 1975, the amount of non-economic damages a victim may receive is limited to $250,000.
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.
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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