Medical Malpractice L.A. personal injury attorneysUpdated on Saturday 25th February 2017
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Medical malpractice is a professional negligence on the part of the healthcare provider that causes the treatment to have an unacceptable standard of practice in the medical community. Negligence on the part of a doctor, nurse or dentist can happen by act or omission and patients who have been injured during medical treatments, instead of being cured for their illnesses, have the right to seek just compensation.
Before filing a lawsuit for medical malpractice in Los Angeles or in any other city in the state of California, you should be aware of the legislation that applies in these cases and a consultation with a medical malpractice attorney in California will help you better understand the legal implications.
Our Los Angeles personal injury attorneys can help you if you have been the victim of medical malpractice.
The Medical Malpractice Law in California, explained by Los Angeles personal injury attorneys
Medical malpractice occurs when a healthcare provider breaches the existing standard of care in the medical field when providing treatments to a patient. Examples are numerous and they range from misdiagnosis to doctors who leave behind instruments when performing a surgery or doctors who make life-altering mistakes during surgical procedures or simply those who administer the wrong type of medicine and endanger the patient's life.
Although a number of things can go wrong during surgery, the patient shouldn't have to worry about the doctor’s competency. Medical malpractice cases need to be handled by professionals because oftentimes, the case is not simply a matter of establishing if the doctor has breached the generally accepted standard of care. Together with our personal injury attorneys in L.A. you will be able to assess the strengths of your case, file a lawsuit, gather the evidence and go to trial.
Our personal injury lawyers invite you to watch this video about the particularities of a medical malpractice case:
L.A. medical malpractice lawyers
According to law, the applicable statute of limitations for medical malpractice claims in California is one year after the act that caused the injury has been discovered (the discovery rule) or a maximum of three years after the injury took place, whichever statute of limitations occurs first. Victims of medical malpractice who want to go to court should seek the help of a medical malpractice lawyer as soon as they suspect such a case.
The statute of limitations in medical malpractice cases also applies when a minor child is involved. The parents of a child who is under eighteen years of age may file a medical malpractice lawsuit. This must take place within three years after the date of the malpractice. Lawsuits for children under the age of six must be commenced within three years before the child turns eight.
A statute of repose is also applicable in the state of California: this is an ultimate time limit on medical malpractice cases of three years, regardless of when the victim discovered the injury associated with the malpractice. This applies in cases of fraud, intentional concealment or foreign objects left behind in the victim’s body.
The compensations that can be obtained through a trial by the plaintiff include compensatory economic damages - for medical expenses and life care expenses - or non-economic damages - for the physical and psychological harm caused by the injury. Punitive damages can also apply in medical malpractice cases in California. Our lawyers can help you if a medical malpractice case has resulted in a wrongful death.
For more information about medical malpractice litigation, please contact our Los Angeles personal injury attorneys.