Those people who suffer from illness or an injury due to medical negligence in California should be aware of its laws to get justice and compensation in the state. Some people indeed make mistakes; however, in a medical establishment like a hospital or a nursing home, such mistakes can cost a patient his/her life. Medical staff must be very careful to take care of the resident or patient under their care.
Dr. Bruce G. Fagel on what should you do in the event of medical malpractice
Dr. Bruce G. Fagel is a widely respected doctor and legal expert from Los Angeles in California. He is an attorney who represents plaintiffs in cases pertaining to personal injury and medical malpractice. He says that victims in the state of California have the legal right to litigation to recover compensation and damages in such circumstances. However, it is imperative for them to first understand what constitutes the act of medical malpractice and what they can do about it.
Defining medical malpractice in the state of California
In California, medical negligence takes place whenever a professional deviates from the acceptable standard of care while treating a patent. These acts generally take several forms like the following-
- Making a mistake while conducting a surgery.
- Offering the wrong dosage or medication.
- Misdiagnosing or the failure to diagnose or the delay in diagnosis.
- Failing to deliver a baby on time when the infant is under distress.
Each of the above mistakes and more is regraded at medical malpractice in the state of California. He says that every one of them has a devastating and emotional impact on the patient and his/her family.
Time limit to file the lawsuit in California
There is a statute of limitations when it comes to filing a lawsuit based on medical negligence. As per the courts in California, victims need to file the suit within one year from the date of knowledge about the injury or three years from the date of the injury’s incident.
In addition to the above, the law of the state dictates that when any health provider is to be sued, the plaintiff should render the entity with a 90 days’ notice to initiate the above claim. The law makes an exception when the event concerns a patient who is a minor at the time.
Dr. Bruce G. Fagel says that in the above cases the claims should be filed within three years of the incident. However, if the said victim is under the age of six years, the claim should be initiated within three years or even before the child turns 8, whichever of the above is the longer timeframe. One should always consult experienced and skilled lawyers when cases of medical malpractice take place in California. The lawyer will take charge of the case and guide you accordingly when it comes to the compensation and justice deserved for the above cases as per the laws of the state.
