Miracle Mile Medical Malpractice Lawyer

Ideally, everyone who seeks medical care from a healthcare professional can expect careful and compassionate treatment no matter what illness or injury they are dealing with. While most healthcare providers do just that, there are those who engage in reckless or careless behavior in clinical settings, which can sometimes have devastating results for the patients depending on them for help.

If you suffered a new injury or illness because of mistreatment by a medical professional, or your medical condition got significantly worse because of a misdiagnosis or improper procedure, you may want to speak with a skilled local attorney about your legal options. A Miracle Mile medical malpractice lawyer could review your circumstances with you, determine whether you have grounds for civil litigation, and tirelessly seek compensation for all your recoverable losses.

Applicable Filing Deadlines for Medical Negligence Claims

Like other personal injury claims, lawsuits based on medical malpractice are subject to a statute of limitations, the purpose of which is to ensure plaintiffs do not wait so long to file claims that relevant evidence and testimony is no longer available. Unlike other civil claims, malpractice cases have different time limits attached to them with few exceptions.

Under California Code of Civil Procedure §340.5, individuals who want to file suit against a healthcare provider for malpractice must do so no later than three years after the date their injury actually occurred, or one year after they discovered—or reasonably should have discovered—that injury. However, if an instance of medical malpractice impacts a child under six years old, the applicable deadline is the child’s eighth birthday or three years following the injury, depending on which occurs later.

Additionally, certain circumstances allow for the applicable deadline to be paused, or “tolled,” for a period of time. For example, it could be tolled if the defendant provider engaged in fraud in an attempt to hide their actions, or if the plaintiff’s injury stemmed from a foreign object being left inside their body following a medical procedure. A seasoned attorney in the area could clarify in further detail what deadlines may apply to a particular medical malpractice case.

Unique Components of Healthcare Malpractice Claims

California is unique compared to many other states in that it does not require the submission of an affidavit of merit along with an initial malpractice complaint. That being said, Ca. CCP §364 does require plaintiffs to formally notify their intended defendant(s) of their intent to file suit, the basis for their prospective claim, and the specific injuries and losses they suffered at least 90 days prior to filing.

Furthermore, California Civil Code §3333.2 currently sets a cap of $250,000 on recovery for non-economic damages through a physician malpractice claim. There is no equivalent cap on economic damages, so a medical negligence lawyer in Miracle Mile could help seek recovery for the full value of losses like medical bills, missed work wages, and loss of future earning capacity.

Seek Help from a Miracle Mile Medical Malpractice Attorney

No matter how compelling a case you may have, achieving a successful result with a medical malpractice lawsuit can be a challenging endeavor. These types of cases have a lot of additional rules and restrictions that do not apply to other forms of personal injury litigation, and the evidence and testimony necessary for a favorable outcome can be difficult to collect or effectively present.

Fortunately, a seasoned Miracle Mile medical malpractice lawyer could assist you every step of the way in pursuing the financial recovery you deserve. Call today to learn more.

Benji Personal Injury – Accident Attorneys, A.P.C.

Benji Personal Injury – Accident Attorneys, A.P.C.