The time limit to file a lawsuit for a misdiagnosis or missed-diagnosis against a doctor in California is 3 years from the date of injury or health condition. Alternatively, the statute of limitations for a medical malpractice claim can be 1 year from when you find out about a specific injury or illness. Keep in mind that the deadline to sue is based on whichever date comes first.
Please note that each case has individual circumstances that can affect how much the amount of time one has for a medical malpractice lawsuit. Considering the intricate nature of a legal action for malpractice by a doctor, it’s essential to contact a law firm with many years of experience in these cases. Contact our team of missed or misdiagnosis attorneys and learn about your rights during a free consultation.
What Constitutes Medical Malpractice?
Doctors are human beings that can make mistakes, and that’s why all cases of errors by a medical provider do not meet the legal definition of “medical malpractice.” In essence, medical malpractice refers to a doctor or another clinician deviating from a professional standard of care, which results in bodily harm to a patient. Basically, you will have to show that you were provided with less competent care what would be expected from another doctor in s similar situation – one that has the same level of education, training, and experience.
This is the simplest description we can give, and there’s no denying that medical malpractice is an incredibly complex legal issue. Medical malpractice cases may involve doctors, nurses, surgeons, or other medical practitioners, though we use the term “doctors” for the sake of simplicity. We also want to stress that the legal standard for medical malpractice is difficult to meet, as it’s based on so much more than a failure to provide patients with a positive outcome.
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Statute of Limitations for Medical Malpractice Cases Involving Minors
The 3-year rule works differently for those who were underage when they were harmed by an act of medical malpractice. If the patient is under 6 years old, the parent / guardian can file a claim within 3 years of the negligent act. Or, they can file a lawsuit before the child turns 8 years old.
As we mentioned before, the information in this article is for general purposes only. Your own situation may involve details that impact how much time you have for a healthcare provider negligence lawsuit. Reach out to us as soon as possible, so that a medical malpractice attorney can provide you with the most accurate information.
Medical Malpractice Statute of Limitations for Wrongful Death
If there is a death that occurs as a result of misdiagnosis or missed diagnosis, loved ones normally have 3 years from when the death occurred to sue the liable entities.
A wrongful death lawyer at our office can talk to you in detail about these lawsuits and the compensation that you are eligible to receive. Then, we can take immediate action to investigate your case and build a strong and compelling lawsuit based on evidence and skilled legal arguments.
We understand the sensitive nature of these lawsuits and the complications of suing a medical professional or facility for the death of a family member. Please know that we are with you every step of the way on your journey to emotional, physical, and financial recovery.
Compensation in a Medical Malpractice Lawsuit
The compensation you are owed from a medical malpractice claim is based on the damages you are entitled to. These are categories of payments that provide financial recovery for injury victims and their loved ones. There are several types of damages that may be available to you from a doctor failure to diagnose lawsuit:
Medical expenses – these payments are meant to cover all your medical treatments that are needed for the injury that was misdiagnosed or missed by a medical professional. The recovered funds are based on your current and projected (future) needs in terms of doctor’s appointments, medications, surgery, physical therapy, and other related services.
Loss of income – when you initially find out about an injury or illness, you are likely to need time off from work. You can seek compensation for lost wages, as well as loss of future income depending on the severity of your injury and whether your ability to work is impaired.
Pain and suffering – this is a form of non-economic damage to compensate the victim for their emotional trauma and physical suffering as a result of medical malpractice. Pain and suffering awards are typically in the 6-figure range, meaning it will add significantly to the value of a negligent medical provider lawsuit.
Punitive damages – when a doctor or other healthcare professional causes harm to a patient through excessive negligence or misconduct, punitive damages may be awarded to the victim as an additional payment. Keep in mind, however, that punitive damages only apply to lawsuits that go to trial, and only around 5% of medical malpractice claims end up before a judge and jury.
Wrongful death benefits – in some cases, a patient may die due to a missed medical diagnosis of an error where the patient is diagnosed with the wrong condition. If the patient dies as a result of the doctor’s negligence, a surviving family member, spouse, or registered domestic partner may be entitled to wrongful death payments for funeral expenses, loss of consortium, and other applicable damages.
A free case evaluation with one of our legal experts will help you understand which of these damages you can recover, along with the potential amount you can seek from the defendant.
Help from a Medical Malpractice Claims Attorney
As someone whose life has been devastated by a wrong diagnosis or a complete failure to diagnose, each day brings you one step closer to the time limit for a medical malpractice case. That’s why we urge you to contact us immediately and start the process of a claim for monetary damages.
Our attorneys understand that every second counts, and that victims hesitate to ask for help because of they are unable to cover the cost of legal services. There’s no need to worry about that at Normandie Law Firm, as we represent all clients on contingency. Thus, you can hire a California medical malpractice lawyer for $0 upfront. We also protect all victims with a Zero Fee Guarantee, so you owe us absolutely nothing in the event we fail to recover your settlement.
Our legal team is here to assist you day and night, so please call and schedule a free, private case review if you are a victim of misdiagnosis or a missed diagnosis by a California medical professional.
Other Pages on Our Website Related to This Topic
Medical Malpractice Lawyer to Lawsuit Against UCLA Hospital
Average Value of a Medical Malpractice Death Lawsuit Case – California Law
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