Statutes of Limitations and Awards Limits in California Medical Malpractice Cases
If the actions of a medical professional or entity (or lack thereof) cause injury or death to someone under their care, the injured party or their survivors can file a medical malpractice claim against the medical entity or professional to seek damages. There are many situations where the negligence of a medical provider can result in a medical malpractice claim. An experienced California medical malpractice lawyer such as Samer Habbas can best discuss those situations as these lawsuits can be quite complicated. These types of claims also require that your Southern California medical malpractice attorney have a good working knowledge of proper medical procedures and best practices.
Under California law, the statute of limitations for filing a medical malpractice claim is three years from the date of injury. If an injury is discovered at a later date, a claim must be filed within one year of the discovery or from the date that the injury should have been detected. A Long Beach medical malpractice lawyer such as Mr. Habbas can also explain that in California, a witness in a medical malpractice claim must have the proper education to back up his or her testimony. Not all states have this requirement, but this stipulation gives you an idea of the complexity of these types of claims.
Also unlike other states, California puts a limit on the award a jury can give to a plaintiff in a medical malpractice claim. Plaintiffs can only receive a maximum of $250,000 in addition to the amount needed for current and future medical expenses caused by the injury or death. If you believe that you or someone you care for has been injured due to medical malpractice and you would like to discuss the matter in greater detail, call 888.848.5084 today to schedule a free consultation with Southern California medical malpractice lawyer Samer Habbas.