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

23 apr
California Doctor Found Negligent for Patient’s Coma; Family Awarded $68 Million

Six years ago, Silvino Perez underwent open heart surgery to bypass a blocked artery. The operation was performed by Dr. Pervaiz Chaudhry at the Community Regional Medical Center in April 2012. Chaudhry, 57, was then associated with the Valley Cardiac Surgery Medical Group located in Fresno, California. According to a medical malpractice lawsuit Chaudhry completed

Read More
California Voters Face Damage Cap  Initiative in November
26 sep
California Voters Face Damage Cap Initiative in November

Voters in California are going to be the latest decision makers in a long and contentious argument over pain and suffering awards tied to medical malpractice. In California, pain and suffering awards (also called non-economic awards) have been capped at $250,000 for almost four decades in medical malpractice cases. A recently-qualified state ballot initiative (Proposition

Read More