California Medical Malpractice Lawyer
Medical professionals, like lawyers, are required to meet a strict standard in order to work as a licensed professional in the state of California. In fact, California has the reputation as one of the most difficult states to practice in due its exceptionally high requirements medical professionals must meet in order to practice in the state.
However, doctors are imperfect and they are capable of making mistakes. The state of California allows for victims of medical malpractice to pursue compensation for the damages committed against them.
The injuries resulting from medical malpractice can be serious and debilitating. It is not uncommon for these injuries to have repercussions for the victim and the victim’s family. If you or a loved one has suffered injuries as the result of medical malpractice, it is important to contact The May Firm.
The May Firm is a nationally recognized and award-winning personal injury firm. The May Firm attorneys have the experience required to win a successful medical malpractice claim, our case results speak of that success. We work at no out-of-pocket cost to our clients- when we take on a case, we take it on with the confidence to win it.
You do not have to suffer the consequences of another’s negligent behavior. If you have injuries resulting from medical malpractice, The May Firm can help you. Contact 1-800-MAY-FIRM now, to discuss your potential medical malpractice claim.
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Medical Malpractice Statute of
Limitations in California
Medical malpractice statute of limitations varies depending on which state the malpractice occurred in. In California, the statute of limitations runs three years from the date of injury, or one year from the date of the injury’s discovery – whichever applies first.
A statute of limitations is a legal way of imposing a time limit for those wishing to file certain lawsuits. The statute of limitations usually expires within a few years from when the date of injury occurred. If the lawsuit is not filed within the specified time, the right to make a claim is forever lost. Due to the strict time frames imposed by statutes of limitations, California medical malpractice injury lawyers must be very diligent and punctual when handling such cases. It is very important to hire an experienced medical malpractice law firm, like The May Firm, to handle your case.
Medical malpractice lawsuits have their own various applicable statutes of limitations, depending on the type of malpractice that occurred. The majority of other types of lawsuits, aside from medical malpractice, show an obvious injury or wrongdoing. However, medical malpractice claims are not always clear cut due to the fact that injuries resulting from medical malpractice can be difficult to diagnose.
It could take months or years after negligent conduct has occurred before it is apparent that anything wrong has taken place. An example of this would be a medical item or tool left inside a patient during a surgery. Negligent medical practices such as this could cause hard to diagnose symptoms that gradually become more severe as time passes. It could take doctors years to figure out the actual cause of the patient’s declining health. The ‘discovery rule’ allows for a claim to be filed from the date of the injury’s discovery.
The Discovery Rule
If the source and cause of a person’s injury is discovered after the standard time of the applicable statute of limitations, the traditional rules state that it is too late to file for a claim. However, the statute of limitations overlooks the people who do not discover their injuries until many years have passed. Because of this, a ‘discovery’ rule was introduced in the state of California to allow those victims a chance to pursue compensation.
The discovery rule allows for the statute of limitations to begin on the date the injury is first discovered, or until the patient (or applicable physicians) should reasonably have discovered the problem. The discovery rule makes it possible for victims of injuries resulting from medical malpractice that was difficult to diagnose. An example of the ‘discovery’ law coming into place would be a negligent doctor causing an injury which goes undetected for many months.
If you are experiencing severe symptoms and you believe the symptoms may be the result of medical malpractice, seek medical attention immediately. The symptoms are the body’s way of alerting the individual that something is wrong. It is crucial that the symptoms are diagnosed as the result of medical malpractice. It is also important to contact The May Firm, as soon as possible. The help of experienced medical malpractice attorneys will exponentially increase a victim’s chances of being awarded full compensation for the injuries he or she has suffered.
Other Exceptions to The Statute of Limitations
Besides the discovery rule, there are two other considerable exceptions to the general rule of the statute of limitations. First, for cases that involve a child under the age of six, the action needs to be filed within three years of the injury occurring, or before the injured party turns eight years old – whichever is frame of time is the longest.
Second, for those cases where the hospital in question happens to be owned or operated by a county or a local administrative agency, a lawsuit must be filed within six months of the negligent act, birth or death – this is a prerequisite for any court claim involving a government agency. If an administrative claim is not filed within six months of the injury occurring, the court is then required to dismiss the claim. The exception for this would be for a child, and by request this can go up to one year from the incident occurring.