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.
The Los Angeles whiplash attorneys at the Law Offices of Samer Habbas are dedicated to protecting the legal rights of accident victims who have suffered whiplash injuries due to the negligent actions of others.
Common cases of medical malpractice include:
- Improper diagnosis or failure to diagnose, a disease or medical condition
- Failure to treat a medical condition appropriately
- Unreasonable delay in treating a diagnosed medical condition
- Prescribing or administration of the wrong drugs or treatment, and surgical errors.
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, is recommended.
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:
- The periods of limitation for medical malpractice apply to minors six years of age and older
- For minors below the age of six, the action must be filed within three years of the date of the injury or before the minor’s eighth birthday, whichever period is greater.
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 $250,000.00.
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 us at 1-949-556-4369 to discuss your case with an expert Los Angeles whiplash injury attorney or you can fill out our free consultation form.
Samer Habbas Medical Malpractice Lawyers: we can help you put you life back in order.