In the state of California, much like every other state, proving negligence is a critical element of any viable medical malpractice negligence claim. For patients, the process of proving negligence is one of a multi-element list of requirements when preparing a relatively strong medical malpractice case. Although the basic elements of a medical malpractice case will remain the same in all states, including duty of care owed, breach of duty of care, negligence, proximate cause of damages, and damages sustained by patient, the state of California contains state-specific laws concerning medical malpractice cases, which will vary from other states.
The Statute of Limitations Period Applicable to California
The state of California adheres to a statute of limitations period for medical malpractice negligence based claims of one (1) year from discovery of injury, with no more than three (3) years lapsing from date of filing and date of cause of action of injuries. The state of California does, however, toll the statute of limitations in cases involving foreign objects in the body until a patient should reasonably discovered his or her injuries, with the one (1) year statute of limitations being applied at this point in time. It should be noted that California laws on medical negligence and statute of limitations do provide exemptions for minors and mentally handicapped persons. Consult with a lawyer to learn more about these varied statutes of limitations per California laws if this information is relevant to your claims case.
Pure Comparative Negligence Laws Applicable to California
The state of California adheres to what is known as a pure comparative negligence rule when determining fault and allocating liability. In short, the California laws dictate that a patient’s claim of negligence can be reduced proportionally to his or her own fault (negligence) in causing damages, but patient fault, regardless of percentage, will never prevent recovery of damages.
Vicarious Liability and California Medical Malpractice Laws
Under California laws, a patient (claimant) can hold a hospital or other healthcare facility liable for negligent actions of a medical professional, if the medical professional is directly employed as an agent of the facility or hospital, or is ostensibly viewed as such by an outside third party.
Getting Legal Help with Medical Malpractice and Negligence Claims in California
The complexity and highly regulated nature of medical malpractice claims essential dictates that any successful recovery of damages by patients for medical negligence will require the insight and representation of a medical malpractice attorney. As a patient, the best and first step to recovering damages is through consulting a competent and actively practicing medical malpractice lawyer in the jurisdiction where your injuries or other damages occurred.
