Newport Beach Medical Malpractice Lawyer

We entrust medical professionals and health care facilities with our physical well-being. While many doctors, nurses, and pharmacists perform their duties diligently and professionally, it only takes one careless or negligent actor to cause harm.

If you or a loved one are injured due to the careless action or inaction of medical personnel, you should contact a Newport Beach medical malpractice lawyer. Injuries arising from surgeries, drug prescriptions, trips to the emergency room, and more could result in significant and long term physical and psychological damage. With the help of a local personal injury lawyer, you may be able to recover financial compensation to help you bear the burden of these medical expenditures.

Providing the Defendant with Notice

Any defendant considering filing a lawsuit against their medical care provider for their damages must first know that under California Code of Civil Procedure §364, the plaintiff must formally notify the health care provider of their suit 90 days before it is filed. Under Cal. Code of Civ. Proc. §364(f)(1) a health care provider refers to any person licensed or certified under the Business and Professions Code, the Osteopathic Initiative Act, the Chiropractic Initiative Act, or Division 2 of the Health and Safety Code.

California does not provide a particular form or format that must be used; however, the written notice should include:

  • The legal basis of the claim
  • The type of loss sustained, and
  • The nature of the injuries suffered

While a claim typically must be brought within 90 days of filing the lawsuit, if a plaintiff gives notice within 90 days of the statute of limitations expiring, the time to commence the suit would be extended 90 days from the service of notice. A Newport Beach medical malpractice attorney may be able to help the plaintiff ensure that their statement is filed on time, and with all relevant information included.

Timelines for Prompt Filing

As mentioned above, there is a statute of limitations applicable to medical malpractice claims. This statute limits the time a plaintiff has to file a lawsuit and acts as a deadline. Under Cal. Code of Civ. Proc. §340.5, a claim must be brought within one year after the injury is, or should reasonably have been discovered, or within three years of the date of the damage, whichever comes first. While a late filing could result in a dismissal of an entire lawsuit, a medical malpractice lawyer from Newport Beach can help the plaintiff to avoid this and other applicable deadlines.

Recoverable Losses and Monetary Caps

In a medical malpractice lawsuit, a plaintiff may be able to pursue economic, non-economic, and punitive damages depending on the case. Economic damages account for all the actual out-of-pocket expenses the plaintiff incurred as a result of their injury. There is no current limit to how much a plaintiff could recover through economic losses.

Unlike economic damages, non-economic damages under Cal. Civ. Code §3333.2 are capped at $250,000. Non-economic damages include psychological harm such as pain and suffering, loss of consortium, disfigurement, and humiliation. Lastly, punitive damages, while not always applicable, could be used as a form of financial punishment against the defendant for particularly heinous wrongdoing. By sitting down one-on-one with a medical malpractice attorney from Newport Beach, a plaintiff could discuss the facts of their case, the extent of their injuries, and determine the type and amount of damages to pursue.

Reach Out to a Newport Beach Medical Malpractice Attorney Today

Medical malpractice issues have the potential to leave a plaintiff with substantial physical and psychological injury and tend to be factually and legally complex claims. In order to seek a favorable resolution to such a lawsuit, therefore, you should contact a Newport Beach medical malpractice attorney. This local legal ally may be able to assess the facts of your case, explain your legal rights, and determine your best course of action going forward. So, to find out what could be done to help you, reach out today.