In the event of injury or loss of a loved one based on the conduct of his/her medical provider(s), that person and his/her family have certain rights under California law. The law recognizes that the injury or death of a family member caused by the fault of another may result in financial hardship, which may include medical expenses, a loss of earnings and support and other hardships. In addition to financial losses, the law permits you to make a claim for the intangible aspects of your relationship, including the loss of companionship, attention, comfort, love, affection, guidance and protection. Under our system of justice, a family is entitled to reimbursement for these intangible losses as well as lost earnings or medical expenses. In order to assess the value of a medical malpractice/wrongful death claim, it is necessary to determine the injured or deceased person`s age, sex, health, physical and mental characteristics, occupation, contributions to the family, and the person`s relationship with other family members. Damages may be recoverable for the past and future losses. However, in California, there is a limit of $250,000 for noneconomic (pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damages) losses. Because delay can jeopardize your claim, you should have an attorney who specializes in these cases review your claim as soon as possible.
California Medical Malpractice FAQs
- What Is The Time Limit For Filing A Claim?
- What Are The Typical Attorney Fees For A Medical Malpractice Case?
- What Happens If I Am Injured In The Course Of Medical Treatment?
- How Do I Know If My Injury Constitutes Medical Malpractice?
- Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- What Damages Can Be Recovered For Medical Malpractice?
- Does California Require That Claims Be Arbitrated Prior To Litigation?