What rights do I have if I am the victim of medical malpractice?

If you are the victim of medical malpractice in California, you have certain rights. Under California law, a person who has been injured or suffered harm due to medical negligence can bring a medical malpractice lawsuit to recover damages from the person or entity responsible for their injuries. In a medical malpractice lawsuit brought in California, a plaintiff must prove the following elements: • A medical provider had a duty to provide care to the plaintiff • That duty was breached, resulting in harm to the plaintiff • The breach of duty was the direct cause of the plaintiff’s injuries A plaintiff can seek damages in a medical malpractice lawsuit such as medical expenses, lost wages, pain and suffering, and other damages associated with the injury they suffered. In California, victims of medical malpractice also have the right to ask the court to award punitive damages. Punitive damages are intended to punish a defendant for their negligent or reckless behavior, and to deter them from repeating the conduct. Punitive damages can be awarded in addition to compensatory damages. In medical malpractice cases, the statute of limitations in California is generally one year from the date of the malpractice injury or three years from the date the injury is discovered (or should have been discovered). However, in cases involving minors, the statute of limitations does not begin to run until the minor’s eighteenth birthday. It is important to note that California has strict rules and deadlines for filing a medical malpractice lawsuit, so victims should act quickly to ensure they are protected by these statutes of limitation.

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