The statute of limitations is a legal concept that sets a specific time period during which a person must file a lawsuit. This time limit varies depending on the type of legal claim and jurisdiction. The purpose of a statute of limitations is to encourage the timely resolution of legal disputes.
For medical malpractice lawsuits in the state of California, a person generally has three years from the date of the injury or one year from the discovery of the injury to file a lawsuit. It is important to remember that there are some exceptions to this rule so it is always a good idea to consult with a lawyer before pursuing any kind of legal action.
Due to the intricate nature of medical cases, seeking guidance from experienced legal professionals is crucial for those navigating the complexities of a potential medical malpractice lawsuit. Contact the medical malpractice attorneys online or by calling (619) 338-0505. We are standing by to help you take the first step in the legal process.
Compensation Available in Medical Malpractice Lawsuits
Medical malpractice occurs when a healthcare professional’s actions deviate from the accepted standard of care, resulting in harm to a patient. This complex and sensitive legal issue can arise in various healthcare settings. Medical malpractice cases may involve doctors, nurses, surgeons, or other medical practitioners.
In medical malpractice lawsuits, financial compensation is awarded to the injured party by the court. This monetary award is meant to provide financial recovery for the losses incurred by the patient. The types of legal compensation that may be available in medical malpractice lawsuits may include:
- Pain and suffering: Pain and suffering awards are intended to compensate for physical pain, emotional distress, and suffering caused by the incident. In addition to pain and suffering awards, you may also be eligible to receive compensation for emotional distress or the psychological trauma experienced as a result of the incident.
- Medical expenses: You may be eligible to receive compensation for the cost of any and all medical treatments you have had as a result of your injury. The treatments you may be able to recover for include hospital bills, surgery, medication, and other healthcare-related expenses.
- Loss of income or loss of future wages: If your accident has made it so that you are unable to work, you may be able to financially recover. You may be entitled to the income lost due to the inability to work as a result of the accident. This can include both current and future lost earnings.
- Punitive damages: Punitive damages are less common in medical malpractice cases. However, when a healthcare provider’s conduct is particularly bad or their conduct is willful, the court will award these as a form of punishment.
- Wrongful death: This is intended to provide financial relief to the surviving family members or dependents of the deceased. Wrongful death awards refer to the compensation awarded in a legal action when someone dies due to the negligence, intentional misconduct, or recklessness of another party.
Each medical malpractice case is unique, and the specific amount awarded depends on the circumstances of the case, the extent of the injuries, and the jurisdiction. Recently, California lawmakers have raised the compensation limit for patients who were injured as a result of medical malpractice.
Consultation with legal professionals who specialize in medical malpractice is crucial for understanding the potential damages that may be pursued in a specific case. A legal professional can also help you make sure you are meeting the statute of limitations for medical malpractice in California.
California Statute of Limitations Medical Malpractice for Minors
According to the California Civil Code, the statute of limitations for medical malpractice cases is generally set at three years from the date of the injury or one year from the date the plaintiff discovers the injury.
However, for cases involving individuals under the age of 18, there is a special provision. The statute of limitations is delayed until the minor reaches the age of 18. This means that the three-year period does not begin to run until the minor turns 18.
In cases where the minor is under 6 years old at the time of the injury, the lawsuit must be filed within three years of the date of the injury or before the minor’s 8th birthday, whichever provides a longer period.
Keep in mind that these are general rules, and the specific circumstances of a case can impact the application of the statute of limitations. Additionally, legal standards may change over time. Consult with a legal professional to get the most accurate and current information tailored to your specific situation.
Medical Malpractice Wrongful Death Statute of Limitations California
In cases involving wrongful death due to medical malpractice, the statute of limitations is typically three years from the date of the decedent’s death.
If a loved one has passed away as a result of medical negligence, a medical malpractice lawyer can help you pursue a wrongful death lawsuit. Your lawyer can help you by investigating your claim, calculating proper damages, and representing you and your family if necessary.
The attorneys at Vaage Law are here to help you seek justice and secure the compensation you are entitled to. We will work tirelessly to ensure that you receive the best possible outcome for your case as quickly as possible.
Contact an Experienced Medical Malpractice Attorney
Hiring a medical malpractice attorney is one of the most important steps in the legal process. You want to make sure that your case is being handled by an attorney who has dealt with similar cases. The attorneys at Vaage Law have handled numerous medical malpractice lawsuits and have secured many victories for our clients. One such victory includes a $25.6 million dollar award to a child who experienced medical malpractice.
If you or a loved one have questions about filing deadlines for medical malpractice cases, contact the California medical malpractice attorneys at Vaage Law online or by calling our office at (619) 338-0505. We are standing by to help you take the first step in the legal process and pursue the justice you are entitled to.