Los Angeles Medical Malpractice Attorney?
1. Speak to a Los Angeles Medical Malpractice Attorney Immediately. You may need to see another physician to determine whether or not your doctor was negligent in your treatment or surgery.
2. Gather the medical records that are available to you and organize them in date order. This will assist any attorney or physician that reviews your case or treatment.
3. There is a statute of limitations on medical malpractice or medical negligence claims in California. California states that a medical malpractice or medical negligence lawsuit must be filed no later than 3 years after the date of the injury or 1 year after the injury is discovered, or through the use of reasonable diligence should have been discovered, the injury, whichever occurs first. Cal. Civ. Proc. § 340.5. However, if the you were injured by a a government employee or at a government owned hospital/facility, you will have to file a government tort claim within 6 months.
4. There is a also a requirement in California that you or your attorney give a 90-day notice to the healthcare provider(s) before filing a lawsuit. Cal. Civ. Proc. § 364.
5. In most medical negligence or malpractice cases, the Medical Injury Compensation Reform Act (“MICRA”) restricts the amount of compensation for pain and suffering to $250,000.00. Although you may be able to recover damages for past and future medical bills, MICRA restricts pain and suffering damages.
6. MICRA also caps the amount attorneys in California may charge you for their services. Plaintiff attorneys cannot receive more than 40% of the first $50,000 recovered; 33-1/3% of the next $50,000 recovered; 25% of the next $500,000 recovered; and 15% of any amount recovered in excess of $600,000.
Disclaimer: The information contained in this post and website is not to be construed as legal advice. Each case and client is different and it is best to directly consult a Los Angeles medical malpractice attorney or a licensed attorney in your region if you are involved in any legal matter.