California Medical Malpractice
Medical Malpractice, colloquially termed "med mal," is a legal cause of action arising from medical negligence by a healthcare professional that causes a patient some sort of harm. In California, negligent medical treatment occurs when a healthcare provider has failed to meet the standard of care accepted by the profession and causes harm to the patient as a result. Common instances of medical malpractice arise due to:
Any potential victim of medical malpractice should consult a California medical malpractice attorney for information on the validity of the claim and how to proceed against the healthcare provider responsible.
Who Can Commit Medical Malpractice in California
Medical malpractice in California may be committed by any person or entity considered a healthcare provider. California law defines healthcare provider as any licensed individual such as a physician, chiropractor, or nurse, or a facility such as a health clinic, hospital, or emergency service center. For questions about whether or not an individual or entity is considered a healthcare provider, and can therefore be liable for medical malpractice, consult a California med mal lawyer before taking action.
California Medical Malpractice Statute of Limitations
A patient must bring a medical malpractice claim in California within one year of discovering the harm caused by the healthcare provider, or within three years of the negligent act by the healthcare provider, whichever event comes first. Exceptions exist for patients who discover a foreign object inside their bodies following a surgery, or for patients who are children. For questions about the statutes of limitations on a particular case contact a California medical malpractice lawyer.
Damage Limitations on California Medical Malpractice Claims
A patient may recover up to $250,000 in non-economic damages in a medical malpractice suit. Non-economic damages are those that compensate pain, suffering, inconvenience, physical impairment, disfigurement, and any other damage that is not related financial losses. For questions about what constitutes non-economic damages, and how to file for them, consult a California med mal attorney prior to filing a claim.
How to File a Medical Malpractice Suit in California
An injured patient who suspects he has a basis for a medical malpractice claim in California should consult a medical malpractice attorney prior to taking any action. Medical malpractice claims in California require a technical knowledge of the law and procedures, and plaintiffs must consult an expert witness in order to recover any damages. Furthermore, plaintiffs should be aware that any defendant healthcare provider will be provided with talented and experienced attorneys prepared to offer the best possible defense by insurance companies. A California med mal attorney can even the playing field and ensure a medical malpractice claim is not dismissed prior to the opportunity for recovery. Consult a California medical malpractice attorney prior to filing any medical malpractice claim.