California Medical Malpractice Lawyer

California Medical Malpractice Lawyer

California medical malpractice laws

For one to successfully prove a medical malpractice suit in a court of law in California, the claimant is required to establish a number of tenets, including:

Statute of Limitations

In the state of California a medical malpractice claim for injury or death must be filed within one year from the date the negligent act was discovered, or no more than three years from the date of injury. As is the case with most states exceptions to the statute of limitations are made for minors; legal actions brought forward either by or on the behalf of minors must be filed within three years from the date of the injury.

However, if the child is 6 years old or younger the claim can be filed within three years or before their 8th birthday, whichever is longer.

Damage Caps

In relation to medical malpractice lawsuits there are two types of damages which are classified as either economic or non-economic. In California non-economic damages such as pain and suffering are capped at $250,000, which applies to both injury and cases of death. Other examples of non-economic damages include mental distress, loss of quality of life, permanent impairment or function loss, disfigurement, and loss of consortium.

Currently, there is no cap on economic damages such as compensation for lost wages, medical bills, and other related costs under the California Medical Injury Compensation Reform Act (MICRA) which came into effect in 1975.


California - News Articles

Family Files Medical Malpractice Lawsuit Against California Chiropractor
11 aug
Family Files Medical Malpractice Lawsuit Against California Chiropractor

It appeared to be just another day in the life of supermodel Katie May. Another photo shoot and another paycheck. But on January 29, 2016, the shoot ended abruptly when May pinched a nerve during the session. She quickly decided to see chiropractor Eric Marc Swartz for a consultation. Swartz allegedly evaluated her and gave

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Advocacy Group Proposes Lifting CA Medical Malpractice Cap
01 oct
Advocacy Group Proposes Lifting CA Medical Malpractice Cap

The cap for non-economic damages in California medical malpractice cases is set at $250,000, and it’s been that way since the Medical Injury Compensation Reform Act (MICRA) was first passed in 1975. The Consumer Watchdog advocacy group, along with a man whose two children died after a drugged driver crashed into them, wants to lift

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