What do I need to know about filing a medical malpractice claim?

If you believe you have been the victim of medical malpractice in California, you should know your rights and understand the process of filing a claim. The statute of limitations in the state of California is one year from the date of the alleged medical malpractice, or three years from the date of discovery of the alleged malpractice. In some cases, this time period may be extended. Additionally, minors must file their claim within three years of their 18th birthday. When filing a medical malpractice claim in California, it is important to have an expert witness to testify on your behalf as to the facts of the case. An expert witness is a medical professional who is knowledgeable about the appropriate standard of care. This expert witness will provide written and verbal testimony about the medical negligence related to the case. In order to establish that medical malpractice has occurred, four elements must be proven: the existence of a duty to provide care, a breach of that duty, causation, and damages. The plaintiff must prove that the defendant’s negligence caused the injury, as well as damages that are a direct result of the medical negligence. When filing a medical malpractice claim, it is important to keep all documents and records related to the case and contact a lawyer to determine your legal options.

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