Medical professionals take an oath to save lives, no matter who comes to their aid. So it can be shocking – and even hurtful – to sometimes discover that their treatment can cause harm. California Medical Malpractice happens when a medical expert (i.e. a doctor, nurse, or therapist) fails to provide the standard of treatment to a patient; causing further injury. Each state has their own statute of limitations when it comes to medical malpractice; but in California, an individual must file a claim within 3 years after the date of injury OR a year after discovery of the injury.
Common Considerations for California Medical Malpractice Complaint
Proving medical malpractice has occurred is a real challenge – even for experienced California Medical Malpractice Attorney. That’s because even if there is evidence that a medical practitioner has breached the standard of treatment, there should also be proof that the act directly lead to this California personal injury case. This is the tricky part as the best witnesses are often medical experts themselves (and they would rarely rat out on a colleague in the same field). This requires Medical Malpractice Lawyers California to be familiar with the medical industry as well.
The third aspect to consider, especially in the state of California, is ‘shared fault’. This means that the victim may also be held liable for his or her injuries. For example: if you intentionally did not follow doctor’s prescriptions, then the court may use this to lessen – or eliminate – your compensation. The shared fault rule is that both parties are in some way liable up to a certain percentage. If for instance, you are up for $100,000 compensation but are 30% at fault, then that sum will be reduced to $70,000. It’s best to speak with California Medical Malpractice Attorneys to know what to expect, and how best to defend your case in court.
California Medical Malpractice Attorneys stressed that the injured victim can claim for various types of damages. In general, there are three: economic, non-economic, and punitive. Economic damages consist of medical bills, lost wages, and basically anything quantifiable which resulted from the medical malpractice. These are things you can easily make up for given certain funds. In California, there are no caps for economic damages.
Non-economic damages on the other hand, are those involving pain, emotional trauma, inconvenience, or humiliation. These are intangible elements and very tricky to determine. Medical Malpractice Attorney in California knows that when you suffer an injury, there are long-term consequences that will affect the rest of your life. Non-economic damages aim to compensate for that. There are caps for this type of damages to discourage frivolous claims. For California, it’s $250,000.
Last are punitive damages. These are very rare and were created to punish the medical practitioner for serious medical malpractice (usually involving malice or fraud). This can only be awarded by judges, and are not available in all cases. Unlike other states, California does not place caps for punitive damages.
Let our Medical Malpractice Lawyers California
Should you or someone you know need the assistance of a seasoned California medical malpractice lawyer, feel free to contact one immediately. If you act fast, you or your loved one can get just compensation for the injuries you sustained. We are going to provide the Best Medical Malpractice Lawyers in California to assist with your cases.