California's medical malpractice laws hold a hospital vicariously liable for the negligent actions by its physicians, nurses, and other personnel. If a physician violates the medically held standard of care, and a patient is injured as a result, the physician is liable for medical malpractice and must compensate the injured patient. Under California law, a plaintiff must file within the statutory period or lose his or her cause of action. Additionally, a plaintiff's damages may be reduced if the court finds that there was comparative or contributory negligence by the plaintiff.
Statute of Limitations
In an action for an injury or death against a California health care provider based on the provider's medical negligence, the injured plaintiff must bring a complaint one year after the injury is discovered or should have been discovered through reasonable diligence. Alternatively, the plaintiff must file within three years of the date the injury actually occurred.
Action brought on behalf of a minor must be brought within three years from the date of the injury; if the child is under the age of six, the action must be brought within three years or prior to the child's eighth birthday, whichever provides the longer period.
Comparative Liability
Under California's pure comparative liability rule, a plaintiff's contributory or comparative negligence reduces, but does not bar, the plaintiff's damages. To determine the amount of reduction, the court compares the plaintiff's actions against all tortfeasors, whether or not the tortfeasors are parties to the suit.
Damages - MICRA
California's malpractice damage awards are governed by the Medical Injury Reform Act (MICRA), which was promulgated to balance the patients' rights and interests while ensuring that malpractice premiums remain affordable for practicing physicians. MICRA provides the following on damages:
- $250,000 limit on pain and suffering. Non-economic damages for past and future pain and suffering, physical impairment or disfigurement are limited to $250,000. This is true even if there is more than one defendant. Additionally, any surviving spouse of an injured patient is limited to a separate $250,000 for damages based on actions of emotional distress or loss of consortium.
- Periodic payments for future loss. Plaintiffs can recover for future economic and non-economic loss of $50,000 or more. These damages will be paid on regular intervals over the plaintiff's life expectancy. Upon entry of judgment, the court may adjust the payment schedule in consideration of the plaintiff's health needs, including providing a lump sum payment out of the damages award.
- No periodic payments on the present value of future non-economic loss. Future non-economic loss is awarded based on the present value of the plaintiff's pain and suffering. Therefore, there is no economic basis for a plaintiff to seek periodic payments of future non-economic damages.
- Periodic payments for future economic loss. The gross amount of future economic damages is awarded to cover any future medical expenses and wage loss.
Find an Attorney
If you were injured due to the medical malpractice of a doctor in California, you can recover both economic and non-economic damages arising from your injury. You must file within the statutory limitation period. If there is any comparative or contributory negligence on your part, your damages may be proportionally reduced. Additionally, MICRA places a cap on non-economic damages such as pain and suffering. Talk with a medical malpractice attorney to ensure your rights are protect and to determine the amount of compensation that is due to you.
