Can You Sue Your Doctor for Medical Malpractice?

After your doctor misdiagnoses you with a serious disease or illness, you may feel like you have nowhere to turn. As you trust your doctor with your life, you might feel blindsided and worry what the future has in store. California has medical malpractice laws that allow patients to file lawsuits against doctors for medical malpractice.

What is Medical Malpractice?

Medical malpractice is any action or behavior by a doctor that violates the Hippocratic Oath. This can include a doctor who inappropriately touches a patient during surgery, a therapist who shares confidential information about a patient’s case and a doctor who misdiagnoses a patient with a terminal illness. The Medical Injury Compensation Reform Act places a limit of $250,000 on the amount patients can seek for emotional pain and suffering, but the state does not have a limit in place regarding economic losses, which include medical bills.

Is there a statue of limitations on these cases?

The statue of limitations on personal injury cases is two years, but California has different rules in place regarding medical malpractice cases. You must file within three years of the date of the problem or within one year after you discover the malpractice. Working with an attorney skilled in the field of medical malpractice is the best way to file your case.

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