Medical Malpractice means negligence by a health care provider (such
as a hospital, doctor, nurse, or other medical professional) that causes
injury or death to a patient. Medical malpractice occurs when a health
care provider violates the governing standard of care when providing treatment
to a patient, resulting in the patient suffering an injury.
The California personal injury attorneys at the Law Offices of Samer Habbas will fight for a settlement you deserve and will be there to help you through this tough time. We handle medical malpractice lawsuits in Los Angeles, Orange County, Riverside and San Bernardino.
Common cases of medical malpractice include:
Medical Malpractice – Adults:
California law requires that medical malpractice actions be commenced
within one year from the date that you knew, or through the exercise of
reasonable diligence should have known, of the injury (including death)
(usually from the date suspicion first arises), and of its negligent cause,
or three years from the date of the actual injury, whichever comes first.
The same applies to other adult family members who may have a right to
sue for such matters as loss of consortium, emotional distress, etc. The
three-year limitation period may be extended if fraud is involved or intentional
concealment by a defendant, or when a foreign object which had no therapeutic
purpose is left in the human body.
Medical Malpractice – General:
California law provides in certain situations that by serving a written
notice on a health care provider, within the 90 days prior to the expiration
of the applicable statute of limitations period, the time limit period
provided by statute may be extended by 90 days. In other words, the time
periods set out in the above paragraph could be extended 90 days if notice
is given in accordance with applicable law. However, there is much uncertainty
concerning these limitation periods and, therefore, compliance with the
shortest possible period applicable, without regard to the notice provision,
Medical Malpractice – Minor
The time period to bring actions for injuries to minors is very much dependent on the facts, such as whether the injury occurred during or after birth, the age at which the child was injured, whether fraud is involved, and a number of other considerations. Some of these considerations include:
Medical Malpractice – Arbitration:
If you received care under an agreement (such as the Kaiser plan) requiring
controversies to be submitted to arbitration, such agreements generally
require that you request arbitration within the applicable statute of
limitations or as provided in the contract. You should immediately review
and comply with the health plan agreement in this regard, provided all
negligent parties are working for the health group.
California limits non-economic damages in medical malpractice cases to
If you or a loved one has been the victim of medical malpractice, contact
the Law Offices of Samer Habbas. We specialize in handling personal injury
cases, and have the experience to help you recover your lost wages, medical
expenses and other costs from an accident or violent crime.
Please call 1-888-848-5084 to discuss your case or you can fill out our free personal injury consultation form.
Samer Habbas Medical Malpractice Lawyers: we can help you put you life
back in order.
Law Offices of Samer Habbas
515 S. Flower Street
Los Angeles, CA 90071
The Law Offices of Samer Habbas
7700 Irvine Center Drive
Irvine, CA 92618
Law Offices of Samer Habbas
11801 Pierce Street
Riverside, CA 92505