Medical Malpratice


According to Wikipedia, medical malpractice is, “professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient.”

A medical malpractice lawsuit can be filed by the injured patient against any licensed health care provider. Examples of medical malpractice include:

failure to provide proper treatment for a specific medical condition

failure to diagnose or misdiagnose a condition or disease

not treating a condition in a timely manner

Comparative Negligence

California follows a comparative negligence rule: “A claimant’s negligence reduces his recovery, but will never bar recovery - Li v. Yellow Cab Company, 13 Cal. 3d 804, 532 P.2d 1226, 119 Cal. Rptr. 858 (1975).”

Statute of Limitations

A medical malpractice action must begin within three years of the injury date or one year from the date the patient discovers the injury – whichever occurs first. This applies to anyone six years or older. See California Civil Proc. Code § 340.5 (West 1992).

It is a necessity to hire an attorney who is experienced and knowledgeable in California Medical Malpractice cases. This type of lawsuit can be extremely expensive to pursue; you need an attorney who is conversant with medical issues.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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