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California Medical Malpractice Statute of Limitations
Regardless of the state of residence, an individual who has been injured or died, due to the actions or lack thereof of a medical professional, can file a malpractice claim to seek damages. For example, if a doctor fails to properly diagnose a patient, does not provide the medically accepted treatment, or withholds care for an extended period, he/she can be held liable for the negative outcome. However, every state has specific rules that apply to medical malpractice. For instance, in the state of California, the amount a professional lawyer can charge is determined by a scaled percentage of the plaintiff’s award.
Time Limits for Filing a Claim in California
In most cases, the statute of limitations for filing a malpractice claim in California is three years. If the injury is discovered later, action must be taken within a year of the discovery or from the date it should have been detected. If a minor is under the age of six, he/she has until the eighth birthday to bring a case before the court. Otherwise, the standard restrictions apply.
Negligence Laws
Negligence laws may differ from state to state. Some states do not put any restrictions on an expert witness. Others restrict witnesses to be in the health care field being examined. In California, the witness must have the education to back up his or her testimony. In addition, the state enforces arbitration contracts. For more information, see below:
|
Code Section |
Civ. §1714 |
|
Comparative Negligence |
"Pure" form adopted by Li v. Yellow Cab Co., 532 P.2d 1226 (1975). |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
None |
|
Contribution Among Tortfeasors |
Yes; (Civ.§1431.2) liability of each defendant per non-economic damages shall be several only and not joint. |
|
Uniform Act |
No |
Award Limits in California
While some states do not put a limit on the award given to the plaintiff by the jury, California has a strict guideline. Other than the amount for current and future medical expenses related to the injury or death, the plaintiff can only receive a maximum amount of $250,000.
Legal Help
Suing someone for damages especially in medical malpractice cases, can be very complicated and confusing. Therefore, it is important to acquire the services of a malpractice attorney. He/she can make sure all relevant information is presented to the court, so you receive the award amount necessary to move on in life.