Whenever a patient is harmed due to negligent medical care, it could be medical malpractice in Palm Springs, CA. There are some important medical malpractice laws in California that must be kept in mind when wondering if there could be a viable case. Medical malpractice cases tend to be very complex because of the dual medical and legal issues.
Standard of Care
“Standard of care” refers to those practices and procedures that can be expected from a healthcare practitioner in similar circumstances. To prevail in a medical malpractice case, it’s necessary to prove that the appropriate standard of care was not followed and that it is what caused the injury. The testimony of expert witnesses is normally required.
Don’t Wait Too Long
In California, there are time limits or statutes of limitation that apply to medical malpractice cases. Whichever one happens first is the one that applies.
A medical malpractice case must be filed within:
- One year following the discovery of the cause of the injury or
- Three years from the date of the injury.
If the injury is to a minor child, the statute of limitations becomes more complicated. Consult a medical malpractice attorney immediately if you suspect a member of your family has been a victim of medical malpractice.
California places some limits on the amount of compensation that can be awarded to a medical malpractice victim.
- California has a cap of $250,000 for pain and suffering, loss of enjoyment of life and/or consortium, disfigurement, and other non-economic damages.
- There is no cap on compensatory damages or the actual dollar value of losses such as medical bills and lost wages.
- Punitive damages are not capped and can be awarded to punish someone’s reckless behavior.
California law allows for shared liability if the defendant can prove that the victim was partly responsible for the injuries, such as by not following the doctor’s orders. This could reduce damages awarded, but it’s rare for this to happen in a medical malpractice case.
If you believe that you were injured because of medical malpractice in Palm Springs, CA, call Samuel F. Trussell Attorney at Law. He will handle your case personally until it has been resolved. Mr. Trussell will conduct a full investigation to ensure that no possible avenue for recovery is overlooked. To learn more or contact him, visit his website.
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