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.

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