subject: Commandments And Lawsuits Related To Medical Malpractice In California [print this page] Medical Malpractice is best defined as an illicit, negligent and immoral professional demeanor. It occurs when a health care practitioner fails to perform his duty. If the doctors or the organization behave against their accepted medical standards, they can be charged guilty for an unprofessional conduct. Most of you cannot meet the expense of filing courts cases, but, shortage of funds should not restrict you from getting justice. It is your birthright! This article deals with the rules and regulations pertaining to California. If you are a Californian citizen, suffering a silent fate of an unethical conduct, you must go through this editorial.
Legal Decrees
1. Every nation suggests a time limit for such crimes. A claimant is expected to file a court case within that time limit itself. According to the Californian Government, a lawsuit must be commenced within one year to three years, from the day of grievance.
2. In case of a minor, legal actions are a bit different. If your child is below six years of age and he is suffering an injury, then, you can file a court case against the concerned authority, within three years. At times, the rules and regulations are flexible enough to grant you a longer time, for instance, you may file a case before your kid's eight Birthday.
A lawsuit can be waged against the concerned authority or an individual in case of:
1. Mental sufferings and retardation.
2. Physical damages (it includes permanent mutilation, malfunction of an organ or disfigurement for the entire life).
3. Case of separation, where the victim gets divorced on account of an injury caused by the doctors.
4. When a medical professional fails to diagnose a disease or supply an apt treatment for it.
Types of Damages
There are two kinds of medical damages recognized by the Medical law of California - economic and non-economic damages.
According to the law, in case of physical injury, coma or declared medical death, a defendant is supposed to pay a heavy compensation amount worth $250,000 to the plaintiff, in lieu of a wrongful misconduct. But, before a claim is made by the applicant, he is required to prove a legitimate surgeon-patient association, between him, and the blameworthy physician.
So, if your loved ones are suffering an all-time injury due to therapeutic laxity, you must get in touch with a practiced legal representative immediately. With proper knowledge, help and support, you can surely achieve justice!
