California Statute of Limitations for Medical MalpracticeA presentation brought to you by our personal injury attorneys in Los Angeles

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Medical Malpractice Cases in California

Medical malpractice cases in California are treated slightly different than other personal injury situations.

The statute of limitations for injuries caused by medical professionals is larger than two years and can be calculated in one of two ways.

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The Statute of Limitations forMedical Malpractice

An injured individual can bring a personal injury case to court within three years from the date of the injury or within one year after he discovers or should have discovered the injury.

These limitations are set forth in the California Code of Civil Procedure.

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The “Discovery” Rule for MedicalMalpractice in California >>

The discovery rule is an exception to the usual three year limit.

The most important element is that the plaintiff was unaware that he had been the victim of a medical malpractice case.

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>>The “Discovery” Rule for MedicalMalpractice in California

The discovery rule can apply in cases that involve negligence on the part of the medical professionals.

An example is when a surgeon leaves behind medical equipment inside the patient. The discovery rule begins to run after the patient discovered that there had been a mistake during the surgery.

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Statute of Limitations for Minors

Special consideration should be taken in medical malpractice cases that involve minors. Their parents must commence the lawsuit within three years or prior to his eighteenth birthday.

A separate statute of limitations can apply for birth injuries.

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The Statute of Repose in California

The statute of repose in California for medical malpractice cases is three years. This means that a type of case involving the fault of a medical professional should not exceed three years.

A number of exceptions are allowed to this rule, including intentional concealment.

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Exceptions from the Malpractice Statute of Limitations

Exceptions to the statute of limitations for medical malpractice cases can apply, if the defendant left the state after performing the medical procedure or if the plaintiff is found to be mentally ill.

Our personal injury lawyers in Los Angeles can help you in these special circumstances.

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Limits on Medical Malpractice Damages

Individuals injured in medical malpractice cases can be awarded damages of economic or non-economic losses.

California has a maximum amount of compensations for pain and suffering caused by medical malpractice cases.

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Legal Aid in Medical Malpractice Cases in California

You are entitled to seek legal help, if a medical procedure had unforeseen consequences due to the negligent actions of the physician.

You may consult one of our medical malpractice attorneys for adequate assistance and help.

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Thank you for your attention!

For more information please contact us at:

 (+44)203-287 0408 (for international clients)office@lapersonalinjuryattorney.net

http://www.lapersonalinjuryattorney.net/