If you want to sue for California medical malpractice, you must understand the laws and rules in place, including the caps on your damages and the California medical malpractice statute of limitations.
When Can You Sue?
California law mandates that you file a lawsuit within one year from the date you discovered the negligent act by the doctor or hospital. This means if you didn't discover the injury immediately, then you can bring your claim one year from the time you actually found out about the injury (as opposed to one year from when the injury occurred). However, you have a maximum of three years from the date of the incident in order to bring your claim before you are barred from the statute of limitations.
What Do You Have to prove?
To recover for medical malpractice, you must prove:
- That the standard of care the doctor provided was below that which a reasonable doctor would have provided, or that the hospital's policies were below the standard of care that a normal hospital would have provided.
- That you actually suffered an injury as a direct result of the doctor or hospitals' negligence.
If you cannot prove that the injury was caused by what the doctor or hospital did, then you will be unable to recover. Medical malpractice cases often hinge heavily on expert testimony, as you need another physician or expert to explain to the jury just how and why the doctor was negligent and breached his standard of care.
Limitations
California is one of the several states throughout the union that has instituted tort reform. The premise behind tort reform is that lawsuits against doctors caused high medical malpractice premiums, leading to a higher cost of health care. As such, California limits non-economic damages arising from medical malpractice to $250,000.
Getting Help
If you have been the victim of malpractice in California, consult with an experienced medical malpractice attorney who can provide you with details about your right to recover and who can be your advocate as you make your claim.
