For many patients who are victims of medical malpractice, proving their case may be an uphill battle. However, there are essential factors to keep in mind when considering the statute of limitations for medical malpractice in California, such as the limited amount of time that patients have to bring their claims to court. Here’s everything you need to know about medical malpractice statute of limitations in California.
What is Medical Malpractice?
Most doctors and medical professionals will do everything possible to secure a good outcome for their patients, and ensure that they were treated with utmost professionalism. When positive outcomes are not obtained, however, medical malpractice may be an underlying reason. Generally, medical malpractice occurs when a hospital, doctor, or other health care professional causes injury to a patient through a negligent act or omission. This may result in serious long-lasting or permanent injury on the patient, and compensations may be sought as a result. In the State of California, medical malpractice cases may be difficult to prove. In order for a case to be considered medical malpractice, a plaintiff must prove that a medical professional or entity failed to provide an appropriate standard of care, and serious harm occurred as a result. As we will discuss in further detail, these types of cases may prove to be challenging due to the limited amount of time that patients have to bring their claims to court (statute of limitations).
Related: How to Sue a Hospital in California: What You Need to Know
California Medical Malpractice Statute of Limitations
A statute of limitations, also known as a prescriptive period, is a law that sets the maximum amount of time to initiate legal proceedings after a dispute occurred. This may be beneficial for defendants, as any threat of a lawsuit will not be a burden to them indefinitely. Statute of limitation laws are closely followed, and if plaintiffs wait too long to file their claim, they may forfeit their right to have their case heard before the court. In the State of California, the statute of limitations usually begins when the injured person suffers the harm. Injured persons have three years to file a lawsuit. California law details that a person who wishes to file a claim of medical malpractice has one year after discovering the injury or within three years of the date that injury occurred.
Exceptions to California’s Statute of Limitations
There are certain exceptions that may or may not apply to the unique set of circumstances in a medical malpractice case. One example is the discovery rule with the injury, whereby if a patient hypothetically discovered that a medical instrument was left in their body from a procedure 15 years prior, they are still allowed to file a lawsuit within one year of discovering the instrument. This type of instance would result in the person needing to undergo a new procedure to remove the object, recover from the situation, and then file the lawsuit in due time. Another example of an exception to the statute of limitations is fraud with a healthcare provider. This instance may lead to an unnecessarily longer filing period caused by medical mistakes outside of the patient’s control.
Related: How to Sue a Doctor for Pain and Suffering
FAQs About Medical Malpractice Statute of Limitations in California
How does the statute of limitations in California protect minors?
California’s medical malpractice statute of limitations for minors is slightly different. The age of the injured minor may actually affect the length of time to initiate a lawsuit. This is usually three years unless the minor meets a certain age requirement. Furthermore, when a minor is a victim of medical malpractice, they may require longer processing times. The situation may require an adult to initiate a lawsuit by hiring a lawyer, and depending on the child’s age, they may take longer to recover from any additional procedures.
Is there a cap for Non-Economic Damages?
Yes. In the State of California, there is a maximum cap of $250,000 for non-economic damages in any successful medical malpractice suit. These types of damages may include pain and suffering, or a loss of the enjoyment of life, for example.
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