Corona, CA – Medical Malpractice
Medical malpractice hurts Californians. Families and businesses in the Riverside area, including Corona, CA, find that medical malpractice or medical negligence in California costs money, time, resources, and health that could have otherwise been avoided with proper care.
If you or a loved one has been injured from the negligence of a doctor, hospital, or other medical professional, you ought to know your rights and responsibilities before filing a California medical malpractice lawsuit.
First, you have up to three years under the statute of limitations on filing a California medical malpractice case. The law states that the injured party should have reasonably discovered the injury within one year of filing, or have been initially injured within three years, so getting this first part right is critical to protect both the physical and financial well-being of the injured party.
Second, the injured person must provide notice to the party being sued of the intent to sue. Speaking to an experienced medical malpractice attorney who knows California rules of civil procedure and about the specific laws surrounding medical malpractice can save you time and energy.
Next, the person filing a claim must prove certain elements to a judge or jury in order to recover compensatory damages. The elements of medical malpractice include: (1) showing the duty of care the doctor or facility owed the patient; (2) the breach of that duty; (3) the causation of medical malpractice; and (4) the damages incurred. These four elements must be proven to recover damages in a California medical malpractice case.
You may have heard that California limits damages in medical malpractice cases. While this is true, a cap on damages should not deter a party from filing a claim. According to California medical malpractice laws, a $250,000 cap is placed on non-monetary damages. These include claims for recovery from ongoing pain and suffering, physical disability or impairment, the loss of enjoyment of life, and the loss of consortium. But the monetary damages of hospital bills, medical procedures, lost wages, and the future loss of income are all available to ask from the defendant in court.
Financial damages are also capped by California’s comparative negligence laws, which say, the responsibility of the negligent party will be decreased to the degree that the injured party is found to have contributed to his or her own injuries. In other words, if through a person’s own actions (or lack thereof) he or she is judged to have been 20 percent responsible for the worsening of a condition, the defendant would only be liable for 80 percent of the damages.
As with any legal information, particular caveats and legal and factual exceptions can apply, depending on each person’s specific circumstances. This is why it is vital to speak to an experienced Corona, CA medical malpractice lawyer as soon as an injury is discovered to know which rules and protections apply to your case.