Blog

When you are sick or need medical attention, you seek the help of a doctor. Unfortunately, some patients sustain an injury during the course of their medicalcare and may have a medical malpractice claim against the physician that causedthe injury. Under California medical malpractice law, patients that sustain an injury during medical treatment may be entitled to compensation. Because California imposes time limits on medical malpractice claims and requires claimants to provide evidence of their claim, it is important that anyone who sustains an injury caused by a physician contact a California medical malpractice attorney immediately to protect their rights under California law.

California law imposes a statute of limitations on medical malpractice claims. A statute of limitations requires that a claimant file suit against the doctor within a specified period of time or he loses the right to bring an action for damages. Under current California law, a patient that sustains an injury has up to one year after the discovery of the injury or three years from the date of the injury whichever occurs first. This is why it is so important for patients to contact a California medical malpractice attorney to begin the lawsuit process as soon as they discover an injury caused by a physician.

Physicians must provide a standard of care that corresponds with the accepted procedures and practices of all healthcare providers in that particular area of practice. When a physician breaches this standard of care while treating a patient and that breach results in an injury, the patient has a medical malpractice claim.

Proving that an injury was the result of a breach in care can be difficult. Furthermore, medical treatment includes all steps of the treatment process including prescribing medication and diagnosing an illness. A medical malpractice attorney can help a patient determine if a medical malpractice case exists.

If you do file a medical malpractice case in California, you should be aware of the damage caps. Several types of damages are allowed under California medical malpractice law.

• Actual or economic damages, also referred to as compensatory damages, are the actual costs that a patient incurs because of the medical malpractice. Costs include loss of wages, medical bills and transportation costs. There is no cap on actual damages.
• Non-economic damages compensates a patient for damages related to pain, suffering, physical impairment and disfigurement incurred because of the medical malpractice. Under California law, the most a court may award a claimant for non-economic damages is $250,000.
• The third type of damage that a court may award in a medical malpractice claim is punitive damages. Punitive damages are much harder to prove and are reserved for cases where the medical provider acted with malice or committed fraud. There is no cap for punitive damages under California law.

If you suspect that you are the victim of medical malpractice, it is very important that you contact a California medical malpractice attorney immediately. You must file your lawsuit within the specified time and you need an experienced malpractice attorney that knows what must be done in order to win a medical
malpractice claim.