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
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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