How do I know if I have a valid medical malpractice claim?

To know if you have a valid medical malpractice claim in California, you must show that a healthcare provider acted negligently. This means that they did not provide the proper care and skill expected of a healthcare provider in your particular situation. You must also show that the negligence caused you injury or damage. In California, you must file a certificate of merit from a medical professional with your initial lawsuit that confirms that the medical professional reviewed your case and believes that the healthcare provider acted negligently. This certificate of merit must be filed within 90 days of the initial lawsuit. The state of California also requires that you file a lawsuit within three years of the date that the incident of malpractice occurred or within one year of the date you discovered your injury, whichever occurs later. To have a valid claim, you must show that the healthcare provider owed you a duty of care, that they breached this duty, and that you experienced harm or an injury due to the breach. You must also show that the injury caused you damages, such as pain and suffering or lost wages. Finally, you must also provide evidence to support your claim, such as medical records, medical bills, and witness statements. If you can provide proof of each of these elements, then you may have a valid medical malpractice claim in California.

Related FAQs

What is the importance of having a written medical malpractice settlement agreement?
What evidence must I present in order to prove causation in a medical malpractice claim?
What are the rules of evidence in a medical malpractice case?
What is the difference between a medical malpractice lawsuit and a personal injury lawsuit?
What is the difference between medical malpractice and medical negligence?
What is the importance of having an independent medical evaluation in a medical malpractice case?
How can I find out if a doctor is involved in a medical malpractice claim?
What is a medical malpractice claim worth?
How do I prove that the injury I received was caused by medical malpractice?
What is the difference between a medical malpractice claim and a wrongful death claim?

How do I know if I have a valid medical malpractice claim?

Related FAQs

Related Blog Posts