While doctors, nurses, and healthcare technicians can generally be trusted to perform their duties effectively and compassionately, there are instances in which medical professionals fail to meet the standard of care expected of them. Unfortunately, this often means their patients end up getting harmed, sometimes even suffering consequences far more severe than those associated with their original condition.
If you believe your poor medical outcome stemmed from actionable negligence by someone responsible for your care, you may want to speak to a Burbank medical malpractice lawyer about civil litigation. There are many rules and restrictions applicable to this kind of case that do not apply to other personal injury claims, so seeking counsel from a knowledgeable attorney is often essential to obtaining a favorable result.
As with any other type of personal injury claim, plaintiffs who can prove that a healthcare provider’s negligence directly led to them suffering preventable harm can demand financial restitution for both economic and non-economic losses. A typical medical malpractice claim might include not only additional medical expenses, lost work income, and costs of necessary medical equipment and prescription in a settlement demand or lawsuit, but also subjective damages like lost consortium and lost personal opportunities.
However, California Civil Code §3333.2 establishes a cap on recovery for non-economic damages stemming from malpractice by a medical professional. Specifically, plaintiffs cannot recover any more than $250,000 for subjective forms of harm, regardless of how catastrophic the outcome of a doctor or nurse’s negligence was for them. With this in mind, working with a Burbank healthcare malpractice attorney is often crucial to maximizing recovery for other types of losses to make up for this limitation.
The non-economic damage cap is not the only restriction set out by California civil law that exclusively applies to medical negligence cases. For instance, California Code of Civil Procedure §364 makes it necessary for prospective plaintiffs to notify defendants of their intent to file a medical malpractice claim at least 90 days prior to actually doing so.
In addition, courts hearing malpractice claims generally require plaintiffs to present testimony from at least one qualified expert witness establishing the exact way(s) in which the defendant(s) violated the standard of care applicable under the circumstances. Notably, California state law does not expressly require malpractice plaintiffs to file affidavits of merit with their initial complaints, a significant departure from how many other states approach claims like this.
Finally, Ca. CCP §240.5 sets a filing deadline of three years following the date on which the plaintiff’s injury occurred or one year following the plaintiff’s discovery of their injuries, whichever comes first. A medical negligence lawyer in Burbank could explain all these rules and how to comply with them efficiently during a private consultation.
Given how much trust their patients put in them and how specialized their skillsets are, mistakes by healthcare providers can have uniquely dire consequences. Unfortunately, civil cases based on this form of negligence can also be extremely difficult to pursue without professional guidance, thanks to the various restrictions set out by state law and court precedent.
Working with a Burbank medical malpractice lawyer could make a tremendous difference in your case’s chances of a positive resolution. Schedule a meeting with one by calling today.
Benji Personal Injury – Accident Attorneys, A.P.C.