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Everyone is capable of making mistakes. However, when a medical professional commits an error, it can bring serious harm. When doctors, nurses, and healthcare facilities are negligent in your care, you have the right to file a medical malpractice lawsuit.
It’s important to know what constitutes medical malpractice to know whether or not you have a case. Here’s how to know what qualifies for medical malpractice and what to do next.
Medical Malpractice in California
In order to have a valid medical malpractice claim in this state, you must be able to prove negligence. If your doctor misdiagnosed your condition, failed to diagnose it, or delayed the diagnosis, you would be able to sue.
Other situations where negligence would create grounds for a medical malpractice claim would be making a mistake during surgery, being given the wrong medication or improper dosage, or failing to deliver a baby properly when it is in distress. The devastation improper medical care can have on a person may last a lifetime, or even result in their untimely passing.
Medical Malpractice Statute of Limitations
If you are not sure whether or not you have a medical malpractice case on your hands, you should speak with an attorney. Most offer free initial consultations where you will be given valuable legal advice.
You do not want to waste time because as a victim of medical malpractice, you have three years from the date it occurred. You must also alert the healthcare facility or provider about your intent to initiate a claim with 90 days of prior notice. If you are filing on behalf of a minor under the age of 6, you will need to initiate your claim within 3 years or before that child turns 8.
What Damages Are Available for Medical Malpractice Victims in California?
When you have been seriously harmed due to negligent acts by a healthcare provider, you can recover compensation for your medical bills, the cost of medication, and lost wages. You are also entitled to seek damages for the emotional losses you endured in the ordeal. In California, the damages you can recover for emotional losses are capped at $250,000.
How to Prove Medical Malpractice Through Evidence
Medical malpractice cases are perhaps the most challenging to prove for all personal injury cases. This is why it is always advised to seek legal representation from an attorney experienced in working with medical malpractice claims.
They will be able to conduct a thorough investigation to present proper evidence. Your medical records, patient depositions, and witness testimonies can provide crucial details. However, it is the testimony from expert witnesses that is among the most important in proving your injuries were the result of negligence of a medical practitioner or entity.
If you were the victim of medical negligence, you should speak with a medical malpractice attorney in Stockton to discuss your case. The sooner you do, the sooner you will be able to move forward from this incident and get the compensation you need to pick up the pieces after your devastating injuries.
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