In order to file a medical malpractice lawsuit in California, or any state for that matter, a plaintiff (otherwise known as the patient or claimant) must assert and prove several critical legal elements to a claim, including duty of care owed, breach of duty of care, negligence, proximate cause, and damages. These elements are relevant to every medical malpractice claim, regardless of the state. However, each individual state, including California, does contain varying statutes and laws governing medical malpractice lawsuits, which will vary from other states. The state-specific laws governing California medical malpractice are outlined in brief below. However, any individual considering taking legal action for medical negligence should consult with a lawyer to learn more about their individual case, and in turn, their individual legal rights and options under California laws.
Statute of Limitations Applicable to California Medical Malpractice Claims
In brief, a patient has one (1) year from the discovery of damages as the result of negligence to file a medical malpractice claim. A further restriction in state statutes require that claims be filed no later than three (3) years following the date of incident of alleged negligence, regardless of the date of discovery, except for cases involving foreign object left in patient’s body. It is also important to note that California statutes of limitations change and make further distinctions for children (minors) and legally insane or mentally handicapped individuals, which vary from the statutes applicable to sound of mind adults.
Contributory and Comparative Negligence Rule in California
Under California medical malpractice statutes, a patient‘s ability to recover damages is never barred based on his or her proportional contribution to fault or negligence. In short, California adheres to a pure comparative negligence rule, which states that any percentage of fault caused by a claimant (patient) will proportionally reduce his or her recovery, but will never be a bar to recovery, as seen in certain other states.
Vicarious Liability Statutes in Medical Malpractice Cases in California
The state of California does allow a claimant (patient) to hold a hospital or other applicable healthcare facility liable for damages as the result of negligent actions by an employee. Furthermore, the a claimant can hold a hospital or other applicable healthcare facility liable for damages as the result of negligence by an individual ostensibly viewed as an employee or agent of the facility.
Getting Legal Help with Medical Malpractice Lawsuits in California
In essence, any viable medical malpractice claim should be filed with the oversight and guidance of a lawyer, who practices medical malpractice law. The aforementioned state specific statutes relating to California medical malpractice cases present only a brief summary of the most notable variations from other states, and in turn, an individual claim may fall under a wide number of applicable state statues, which only a lawyer can accurately determine.
