Whenever you need medical treatment, you count on medical professionals to provide proper care. Unfortunately, like in any other job, humans make mistakes. When they are in a medical setting, it can cause serious injury or even death.
If you were the victim of a healthcare professional’s negligence, you have the right to file a medical malpractice lawsuit against the doctor, nurse, pharmacist, surgeon, or even the hospital or healthcare facility. In personal injury law, medical malpractice can be one of the most difficult claims to make. Understanding what defines it and speaking with an experienced personal injury attorney can help you determine if you have a valid case.
How Is Medical Malpractice Defined in California?
The state of California defines medical malpractice as any occurrence of a medical professional deviating from the standard of care. This could be misdiagnosing, failing to diagnose, or even delaying your diagnosis. It could also be making mistakes during surgery, providing the wrong dosage or even the entirely wrong medication, birth injuries, or not properly observing a patient after a medical procedure. These are only a few mistakes that could be considered medical malpractice.
You can sue a doctor, nurse, pharmacist, or other healthcare practitioner. You can even file your lawsuit against an entity such as a hospital or healthcare facility. If you think you have a case, it is wise to consult an attorney as soon as possible. You will have to obey the proper time limits to file your lawsuit.
Understanding Time Limits with Medical Malpractice Lawsuits
The statute of limitations for medical malpractice in California is somewhat confusing. You must file your lawsuit within one year after you have discovered that you sustained an injury or illness from the negligent acts of a medical professional or within 3 years from the date of the injury, whichever happens first.
You will also need to provide the at-fault party with 90 days’ notice prior to initiating your medical malpractice claim. Certain exceptions apply for minor children under the age of 6 and if a foreign object was left inside of your body. If you hire an attorney, you can be sure they will have your lawsuit filed before any applicable deadlines.
What Damages Are Available in California Medical Malpractice Lawsuits?
Suing for medical malpractice allows you to recover compensation for your damages. This can include your economic damages such as medical bills, lost wages, prescription medication, and physical therapy.
You can also sue for non-economic damages to account for your mental trauma and anguish. Punitive damages may be ordered to punish the defendant for extreme negligence. Your attorney will help calculate your damages to help determine a fair amount for compensation.
How Can You Build a Successful Medical Malpractice Claim?
Building a successful medical malpractice lawsuit requires meeting several basic elements. First, you must show that the healthcare practitioner in question owed you a duty of care. Your attorney would demonstrate this by proving you went to this medical professional for treatment, which would make them responsible for providing you with proper care.
Next, it must be shown that this medical professional failed to uphold these duties. They may have provided a misdiagnosis, prescribed the wrong medication, or made a surgical error. This will usually require a medical expert to testify on the error and how another physician would handle the situation.
Finally, you will need to prove that you were hurt as a result of their actions or inactions. It can be tricky to prove that medical negligence caused you to suffer or become disabled if you try to file your lawsuit on your own. You should not proceed with a medical malpractice lawsuit without competent legal representation to guide you through the process.