Category Archives: Medical Negligence
MEDICAL MALPRACTICE STATUTE OF LIMITATIONS: MINOR PATIENTS
The time limit, or statute of limitation, for a medical malpractice matter in California is typically found at Code of Civil Procedure, Section 340.5, which reads, in pertinent part: “Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under… Read More »
MEDICAL MALPRACTICE STATUTE OF LIMITATIONS: ADULT PATIENTS
This statute establishes different deadlines for adult patients and minor patients. Most interpretations of this section conclude that an adult patient generally has anywhere from one to three years to file a lawsuit. Sometimes, the adult patient’s deadline might expire 3 years after the “date of injury”; other times, it might expire 1 year… Read More »
MEDICAL MALPRACTICE STATUTE OF LIMITATIONS: THE STATUTE
In California, most medical malpractice cases are subject to the time limitations contained in Code of Civil Procedure, Section 340.5, which reads: “In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the… Read More »
Medical Malpractice: Prescription Drug Errors
When you or someone you care about is facing physical pain or other medical issues, one of the immediate actions considered will always be to seek medical attention. Being in a vulnerable state, most patients will trust their physicians to act with at least a reasonable amount of care. Although rare, some patients will… Read More »
Medical Malpractice Lawsuits: An Overview of the Statute of Limitations in the State of California
Statute of limitations is a legal term that sets a time frame on a person’s right to file a claim about particular cases. Generally, this law is utilized so that there is no unreasonable amount of time before a person takes his or her case to a designated court. In the event that a… Read More »
NOTICE OF INTENT TO SUE FOR MEDICAL NEGLIGENCE
Prior to bringing a lawsuit against a physician or medical provider in the State of California, there is a mandatory requirement that notice be provided to the medical provider prior to the initiation of the lawsuit. The Notice of Intent to Sue must be served upon the potential defendant, at least ninety (90) days… Read More »
Medical Malpractice: An Overview
Medical malpractice occurs when a patient is injured by negligent care or attention by a medical provider or professional, such as a doctor, nurse, technician or staff member. The laws in regard to medical malpractice vary from state to state. The following is an overview of medical malpractice law along with its rules and… Read More »
FALSIFICATION OF MEDICAL RECORDS
Occasionally, and more frequently than one might expect, my office encounters the issue of possible falsification of medical records while handling personal injury, wrongful death, and medical negligence cases. Technically, falsifying medical records is a crime which involves altering, changing, or modifying a document for the purpose of deceiving another person. Falsifying medical records… Read More »
An Overview on Wrongful Death Claims
When an individual passes away suddenly due to the negligence of another, the victim’s survivors may have the opportunity to bring forth a wrongful death lawsuit. The following is a brief overview on wrongful death claims. Understanding a Wrongful Death Claim A wrongful death claim may arise when a victim has died due to… Read More »
Cases Involving Amputation Injuries
An amputation requires the “removal of either a severely injured or deceased bodily segment”. Although amputations may happen because of medical conditions such as the implications presented by diabetes, in personal injury cases, the removal of a body part is usually the direct result of a trauma. This can happen in a car accident,… Read More »
