General Information you need to know about your California Medical Malpractice Case
- If you have or a loved one has already been the victim of Medical Malpractice in the State of California, we highly recommend that you stop reading right now, and call our law firm for a free telephone consultation at (800) 816-1529, Ext. 1. We will tell you over the telephone if we think that you have a case and whether we can help you.
- If we believe we can help you, and you decide to retain us, we can then send our investigator to you with all of the legal forms necessary for you to retain our law firm.
- If you do not have medical insurance or a medical provider, we can immediately refer you to an appropriate doctor near you for medical treatment. (Yes, even if you do not have medical insurance)
- Yes, this can all be accomplished with one phone call to our law firm. We try to make the process as simple as possible for you.
California Medical Malpractice Cases
Medical Malpractice in the State of California occurs when a doctor, dentist, medical facility, or other medical provider fails to act as an ordinary professional in the same community would under similar circumstances.
Another way of looking at California Medical Malpractice is that if a doctor makes a mistake that an ordinary doctor in the same community would not make under the same conditions, this would also be malpractice.
For instance, if a doctor is supposed to remove your right kidney, but instead removes your left kidney, this would be malpractice.
Often times Medical Malpractice is not as easy to prove as the example given above, but the example is meant as a way to illustrate what these types of cases are.
Must have expert testimony
Unlike many other Personal Injury cases, in the case of Medical Malpractice, the only way to prove that there was malpractice is with the testimony of another doctor saying that there was malpractice, because only a trained doctor is competent (has the training and knowledge) to testify as to whether there was medical malpractice or not.
Medical Malpractice cases are largely governed by Statute in the State of California.
Cap on Damages
California Medical Malpractice general damages which are for pain and suffering, loss of enjoyment of life, and emotional distress, are capped at $250,000 maximum by statute.
Out of pocket expenses such as medical bills, future medical bills, loss of wages, and future loss of wages do not have the $250k limitation.
Cap on Attorney’s Fees
California limits the amount attorneys in a medical malpractice case can collect pursuant to a contingent fee arrangement to 40 percent of the first $50,000, 33 1/3 percent of the next $50,000, 25 percent of the next $500,000, and 15 percent of any amount that exceeds $600,000.
Time Limit to File Medical Malpractice Case
Unlike other personal injury cases, in California you only have one (1) year to file a medical malpractice case from the date you knew or should have known about the malpractice, and no later than 3 years either way, unless a foreign body or material was left in your after a surgery, then it does by the date of discovery.
The statute of limitations for minors is a bit different. Actions by or on behalf of minors must be brought within three years from the date of the negligent act, unless the child is under the age of six, in which case the action must be commenced within three years or prior to the child’s eighth birthday, whichever provides the longer time period.
California allows health care providers and their patients to contract for the arbitration of disputes. However, absent the parties’ agreement, California does not require that claims of medical malpractice be arbitrated prior to litigation.
Most HMO Plans in California have an Arbitration clause built in which takes your case out of the normal court system, and forces it to be tried in front a private neutral arbitrator who is agreed to by the parties.
Call us Now
It is very important that you pick the right law firm to handle your Medical Malpractice case, because these cases usually take a large amount of financial and other resources to handle.
Our law firm has the resources and expertise. We handle Medical Malpractice cases on a regular basis and are experts at what we do.
For a free consultation on your Medical Malpractice case, call us at 800-816-1529 x. 1.