How To Bring a Medical Malpractice Lawsuit in California
In California, a patient who has been injured by a healthcare professional can file a lawsuit for monetary damages. Medical malpractice cases, also referred to as professional negligence cases have a strict statute of limitations of one year from the date of the discovery of the injury. If you believe you have been harmed by a licensed medical professional, contact an experienced attorney who is well-practiced in the field of medical malpractice. With convenient locations throughout Southern California, the well-versed attorneys at Milligan, Beswick, Levine & Knox, LLP can answer any questions you may have concerning your legal rights in a medical malpractice case.
Milligan, Beswick, Levine & Knox, LLP has an established reputation of successful injury cases in Southern California, including complex cases involving medical negligence. Medical malpractice cases in California are very difficult to prove. With their knowledge and expertise, the firm is prepared to handle the most challenging medical malpractice case. Through hard work and determination, the firm can help you achieve justice in your case. Consider contacting the firm today for a no-obligation consultation.
What Is Considered Medical Malpractice?
The State of California defines medical malpractice or professional negligence as being: A negligent act or an omission to act committed by a licensed healthcare provider, When rendering professional service, and Which was the proximate cause of the patient’s injuries or wrongful death.
The state’s medical malpractice laws apply to every state-licensed healthcare provider as well as medical facilities, including: Nurses, Doctors, Psychologists, pharmacists, Podiatrists, Chiropractors, Hospitals, Physical therapists, and Assisted living facilities.
Potential Damages Available in a Case
When a person has been injured through medical malpractice, compensatory damages may be recovered, which include: Accumulated medical expenses, Foreseeable medical costs, At-home medical treatment, Physical or occupational therapy, Loss of income and benefits, Loss of earning potential, Emotional distress, Pain and suffering, and Loss of quality of life.
Non-Economic Limitations
Under the California Civil Code §3333.2, medical malpractice plaintiffs cannot collect more than $250,000 in damages for non-economic losses. This law was enacted following the Medical Injury Compensation Reform Act (MICRA), passed by voters in 1975.
The cap on medical malpractice damages applies to intangible losses, which are usually difficult to evaluate. These damages can include the following: Suffering, Pain, Scarring, Inconvenience, Disfigurement, Physical disability, Loss of limb or organ, and Loss of enjoyment of life.
Presently, there are no limitations to the amount of economic damages a plaintiff can recover.
Obtain the Support of a Qualified Medical Malpractice Attorney
Medical malpractice cases are some of the most challenging injury cases to prove and they are also time-restricted. Consequently, these cases can often be difficult to pursue without the right legal knowledge. If you or someone you love was injured by a licensed medical professional or medical facility in California, it is important to contact an experienced attorney who understands how to handle these cases.
The attorneys at Milligan, Beswick, Levine & Knox, LLP are highly skilled in a variety of injury cases, including medical negligence cases. In California, medical professionals who act negligently can be held accountable when their actions result in the patient’s injuries. After sustaining injuries as a result of medical negligence, consider contacting the attorneys at Milligan, Beswick, Levine & Knox, LLP for proficient legal counsel. Contact the firm for a no-obligation consultation today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.