Lake Forest Medical Malpractice Lawyer

California courts recognize claims for medical malpractice, also known as professional negligence, which results in personal injury or wrongful death. Medical malpractice occurs when a healthcare provider causes injury through a negligent act or failure to act when rendering services within the scope of the providerā€™s medical license.

A Lake Forest medical malpractice lawyer is familiar with claims for professional negligence and can provide counsel on the types of claims permitted the time during which you may file a claim and the steps to initiate a claim. Contact an injury attorney today for assistance pursuing your necessary compensation.

Malpractice Claims Prohibited by the Statute

The following are different types of claims for medical malpractice which are barred in California:

  • Claims made for injury caused by the natural course of a disease or condition ( Civ. Code Ann. Ā§ 1714.8 (West 1978))
  • Claims made for injury which was the natural or expected result of reasonable treatment (Cal. Civ. Code Ann. Ā§ 1714.8 (West 1978))
  • Claims for failing to treat, examine, or refer a patient for further care, following a health care providerā€™s unsolicited receipt of the results of diagnostic testing (Cal. Civ. Code Ann. Ā§ 43.9 (West 1872))

Unsolicited refers to a health care provider receiving something they did not request or order. The failure of a doctor to act upon test results, which were not requested, may make it difficult for a person to recover compensation.

Statute of Limitations for Medical Malpractice

There are distinct deadlines for an adult bringing a malpractice claim versus a minor child. Adults who bring claims of medical malpractice must do so within three years of the injury date or one year after discovery of the injury, whichever is earlier. (Cal. Civ. Pro. Code Ann. Ā§ 340.5). Exceptions to this deadline include evidence of fraud, intentional concealment, or the presence of a foreign body devoid of therapeutic or diagnostic purpose within the injured party.

Minor children who bring claims for medical malpractice through their parent or guardian must do so within three years from the date of the injury. (Cal. Civ. Pro. Code Ann. Ā§ 340.5). If the minor is younger than six years of age, a claim must be presented within three years or prior to the childā€™s eighth birthday, whichever is a longer period. Exceptions to deadlines for the claims of minor children include anytime fraud or collusion occurred between the childā€™s parent and the health care provider or insurer.

Filing a Notice Before Filing Suit

Before filing a lawsuit for malpractice, an injured party must place the health care provider on notice of their intention to file a lawsuit. This notice of intent must be sent to the provider 90 days before the lawsuit is filed. (Cal. Civ. Pro. Code Ann. Ā§ 364 (West 1975)).

The notice must contain the legal basis of the claim and the type of loss suffered by the injured person. Additionally, the notice must be specific regarding the injury suffered.

Talk to a Lake Forest Medical Malpractice Attorney

Any time a doctor or health care professional fails to meet their professional standards and causes an injury, the patient may be able to recover compensation. Generally, California allows injured patients to recover compensation for their economic losses along with any mental anguish and pain and suffering.

Claims for medical malpractice or professional negligence have very particular burdens of proof and specified rubric on how they are to be presented to a health insurance provider. Contact a Lake Forest medical malpractice lawyer without delay to learn about these and other contingencies placed on malpractice claims.