It’s a sad reality that not all medical procedures go as planned. Sometimes, these unfortunate outcomes may be due to medical malpractice. This happens when health care providers fail to provide the necessary standard of care to their patients.
Various medical errors can occur as a result, such as surgical mistakes, misdiagnoses, medication errors or birth injuries. If you’re considering taking legal action against a health care provider, here are some important points to remember to protect your rights.
Considerations before pursuing a medical malpractice claim
There are some things you should know before filing a medical malpractice lawsuit in California. Understand the following:
- Statute of limitations: In the state of California, you have to file your suit within one year of discovering the injury or within three years of the date the injury occurred, whichever comes first. There are some exceptions, such as cases involving minors or when a medical professional leaves foreign objects in the body.
- Notice requirement: You must inform the health care provider of your intent to sue at least 90 days before filing the suit. This notice should include the legal basis for your claim, the nature of your injuries, and your resulting losses.
- Need for expert witness(es): Most medical malpractice cases require an expert witness. This expert testimony is very important to proving your case.
- Review of contracts: Check any agreements you signed with your healthcare provider or insurance company. These may contain essential clauses relevant to your case.
Medical malpractice lawsuits are often complex and can be costly. However, if you have a valid claim, pursuing legal action may help you find justice, especially in cases of wrongful death resulting from medical negligence.
Get legal help
Winning a case depends on the specific circumstances of each case. There’s never a guarantee of a specific outcome. However, legal action is one way to pursue justice and fight for your rights. Consider consulting with an attorney experienced in medical malpractice. A lawyer can check the strength of your case and guide you through the legal process.