Orange County Medical Malpractice Lawyer

If you are suffering due to the negligence of a medical professional, contact an Orange County medical malpractice lawyer as soon as possible. The mounting bills and pain that come with medical malpractice can be burdensome, but you may be entitled to compensation that could provide you some relief.

With the help of a knowledgeable injury attorney, you may be better equipped to understand the malpractice laws connected to your case and discuss the options that are available to you. Pursuing malpractice claims might seem daunting, but with professional guidance, it may be well within your reach.

What Is Medical Malpractice?

The term medical malpractice is broad and can cover many different actions and types of behavior. Some of the most common examples are:

  • Misdiagnosis
  • Medical error
  • Dental malpractice
  • Surgical errors
  • Anesthesia error
  • Failure to properly treat a condition

Any individual that was injured due to any of the above actions may be entitled to compensation. However, a malpractice suit must be submitted to the courts within the appropriate time period for it to be considered.

 Proving Liability in Orange County

All medical malpractice cases, must prove that the healthcare provider was at fault for the injury and damages as per California Civil Code §1714. In cases where liability is shared, compensation is based on each party’s proportion of fault. This can also include the fault of the plaintiff.

For example, if an injured person is awarded $100,000 but deemed 20 percent at fault, they are only entitled to $80,000. This law was adopted following Li v. Yellow Cab Co., 532 P.2d 1226 (1975). An Orange County medical malpractice attorney can help explain the role liability plays in a specific claim.

Statute of Limitations for a Medical Malpractice Case

California Code of Civil Procedure § 340.5 sets the statute of limitations for medical malpractice to three years from the date of the injury or one year from the date the individual discovers the injury—whichever is first. Failing to file a suit within required time frame means that the malpractice victim might lose their right to seek compensation. For this reason, it is important for individuals to contact an Orange County medical malpractice lawyer and take legal action as soon as they discover their injury.

The only exceptions that could place a pause on the statute of limitations time frame is the following:

  • When the medical professional’s fraudulent actions hid the mistake
  • When the case stems from a foreign object that was unintentionally left in the patient.

Notifying Healthcare Providers

Per California Code of Civil Procedure § 364, individuals that plan to file a lawsuit against a healthcare provider for medical malpractice must notify them formally at least 90 days prior to the filing. Although there are no restrictions on the form of the notification, the victim is legally obliged to include information on the legal basis of the malpractice claim, the losses sustained, and the nature of the injuries.

In addition, if the notice is provided within 90 from the expiration date of the statute of limitations, the time for the lawsuit’s commencement is extended 90 days from the date that the notice is served. To better understand how this process works, it may be beneficial to speak with an Orange County medical malpractice lawyer.

Reaching Out to an Orange County Medical Malpractice Attorney

If you have been injured due to the negligence of a healthcare professional, you have rights. Contact an Orange County medical malpractice lawyer as soon as possible to learn how you can assert those rights. You may be able to recover compensation for your pain and suffering as a result of your injuries. Learn more by calling to set up a free consultation.