California Malpractice Statutes
Seasoned medical malpractice attorneys explain the laws
At the San Francisco Law Office of Michael and Michelle Mandel, our attorneys have more than 50 years of combined legal experience and in-depth understanding of complex medical malpractice statutes and case law. We are committed to guiding patients who were injured by trusted healthcare providers through the complex process, helping them to understand their rights under the law and obtain compensation for injuries.
Medical negligence in California
All medical care providers have a duty to act with a certain standard of care when treating patients. The standard is based on the generally accepted treatment other members of their profession would provide under similar circumstances. We help injured patients seek compensation for medical malpractice when a healthcare provider fails to meet that standard of care and causes injuries.
California medical malpractice arbitration statutes
California law allows health care providers and patients to enter contracts to arbitrate disputes over medical negligence. Our lawyers have significant experience litigating medical malpractice claims in court as well as arguing negligence in arbitration. We have represented many injured clients who are members of Kaiser Permanente, which requires them to take their malpractice claims to arbitration.
Limits on compensation for medical negligence
Under California law, an injured patient is limited to recovering a maximum of $250,000 for non-economic damages in a medical malpractice case, including compensation for pain, suffering, inconvenience, physical impairment and disfigurement. This applies whether the medical malpractice resulted in injury or death.
Negligence by the patient
If you suffered injuries because of medical negligence, but you contributed to your injuries or made them worse, our personal injury lawyers may still be able to help you recover partial compensation. California follows a system of pure comparative negligence, meaning that the amount of compensation you can recover is reduced by your percentage of fault in comparison with the negligence of the other parties.
Statute of limitations of medical malpractice
You have to file a claim for injury or death caused by medical malpractice within one year from the date you discovered that your injuries were caused by negligence, but no more than three years from the time you were injured. You may be allowed additional time in cases where the following exceptions apply:
- In retained foreign body claims — such as for surgical instruments left in the body — your time limit begins when you discover or should have discovered the injury.
- Claims for minors must be brought within three years from the date of the negligent act. If the child is under age six, the claim must be filed within three years or before the child’s eighth birthday, whichever is longer.
Seek help from skilled attorneys to obtain the compensation you need
At the Law Office of Michael and Michelle Mandel, our attorneys have the experience to meet strict procedural requirements and successfully represent clients in medical negligence claims. To learn more about medical malpractice laws and our firm, contact us online or call us at 415.626.5400 for a free initial consultation.