Find Top-Rated Medical Malpractice Lawyers in Los Angeles

Medical Malpractice litigation is a complex procedure that can be uncomfortable and daunting. You are likely to concentrate on healing your injuries and obtaining adequate medical attention rather than thinking about contacting your healthcare provider’s attorney or looking for medical experts who can support your legal claim.

This is why it is important to find the best legal representation to remove your mind from pursuing a medical malpractice lawsuit. When you contact a California State Bar Certified Lawyer Referral Service, you will be provided with an unbiased and impartial referral to pre-screened and ethical medical malpractice lawyers in your area for a FREE case analysis and legal consultation.

Medical Malpractice Cases in California

Allegations of medical malpractice are very difficult to prove; there is a range of facts that need to be analyzed to ensure that the allegation has validity and is allowed to be filed with a court. If you or a loved one are victims of medical negligence, it is important to know that you have a prescribed period in which to file a lawsuit. You may not be able to do so at any point if you fail to make a claim within that timeline, and you will not be eligible to recover from your pain and suffering.

If you are pursuing a medical malpractice lawsuit in California, this page is intended to provide an overview of what you can expect; however, the safest course of action to take is to consult with a pre-screened California medical malpractice lawyer licensed in the state of California. An experienced lawyer will direct you through the nuances of the laws that are more closely tailored to your medical malpractice claim facts and discuss the merits of your case.

Violation of the Duty of Treatment

Most professionals with a client-working relationship must adhere to a duty of care owed to this person.. Doctors and other medical professionals must comply with certain requirements and comply with a code of ethics and standards already developed, providing patients with the best possible treatment.

It does not end with a successful medical malpractice suit when the doctor violates this duty of care. Still, four components used in the courtroom or for insurance mediation agreements may help show that the doctor has breached this duty of care to the point of valid litigation.

The initial aspect is the infringement of this duty owed to the person, and the injury is the second and necessary element. When there is no injury, the infringement does not always matter. Then it will be appropriate for the legal team to show that the violation caused the accident, which is causation.

The attorney will then need to justify the damages, linking these elements together. This typically starts with the injury and the subsequent medical care required to recover from the incident and move on to other problems, such as loss of income, damage to property, and the decline of the patient’s quality of life due to the injury.

California Statute of Limitations For Medical Malpractice

This is three years after the original injury date in California for personal injury cases relating to medical malpractice litigation. However, if there is difficulty with realizing this has happened, such as an accident that shows no signs of injury to the victim’s body, the injury is found by this claimant one year later. Generally, if the injury is concealed, this would involve contacting and receiving a specialist’s diagnosis, although certain injured parties will practice due diligence and ascertain fairly that the injury occurred.

California Statute of Limitations on Discovery

In general, the statute of limitations starts when the injured party causes the injury and allows three years to bring the case. This gives the individual enough time to build a case, recruit a medical malpractice lawyer, and collect proof. Recovery time is crucial, and the time required to start the claim increases.

The time of discovery, however, is another aspect that can significantly expand this statute of limitations. The law begins one year after the person knows that they have an injury or that their health has been compromised due to the medical procedure. This is the right to file a California case against the doctor or hospital in the courts.