Discovering that your trusted physician has harmed you can be a heartbreaking experience. In California, you may file a medical malpractice case against them, but understand that the burden of proof is on you.
Starting your paper trail immediately is vital. You generally have one year from the date you discover the injury or three years after the date the injury occurred, regardless of when you discovered it, to file a claim, whichever comes first.
Secure your medical history
After you find out about your injury, secure copies of your medical records from the hospital you visited. Under California law, you have the right to request physical or electronic copies of your records. The provider must deliver these to you within 15 days of receiving your written request.
Create a personal journal
While medical documentation shows what your doctor did, a personal journal can exhibit what they cost you. Write about your daily pain levels, physical limitations and missed life events. For instance, if you have a lumbar spine injury, document how this condition significantly affected your life. Be as detailed as you can to demonstrate the losses caused by your injury.
Protect yourself from insurers and social media
In malpractice cases, you need to give a health care provider 90 days’ notice before filing a lawsuit. This often triggers contact with their insurance adjusters, who may reach out to you. Avoid answering their prying questions.
Additionally, refrain from posting about your health or malpractice case on social media. Happy photos and sentiments can be used against you to downplay your suffering.
Taking legal action with help
The path to justice is technical and strictly timed. To ensure your evidence meets the rigorous standards of California law, seeking legal guidance can provide you with the peace of mind you need.