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Do I Have a California Medical Malpractice Claim?

Posted by Dan Kann | Dec 17, 2020 | 0 Comments

Your health is so important. It is perhaps one of the most valuable things you have. When you do need medical care, you hope that the doctors taking care of you are doing their very best, taking necessary precautions, and warning you of any potential problems or risks that could be associated with your care. However, there are instances where a doctor's intentional or negligent acts can result in harm rather than help to your health. When this occurs, it is called medical malpractice. If you are injured during medical treatment, you may have a medical malpractice personal injury claim.

Knowing whether or not you have a California medical malpractice claim can be tricky. Even if a doctor does make a mistake, it does not always amount to malpractice. To find out if you have a claim, it is best to speak to an experienced Southern California medical malpractice attorney who can look at the details of your case and answer your questions.

It is likely that you have a medical malpractice claim if:

  • Your healthcare provider breached the standard of care--The standard of care for medical professionals and healthcare providers is a legal term that refers to medical practices and procedures that are generally accepted and used by practitioners in the area. This means that a doctor must care for you in a way that is accepted by other doctors in the area. The standard of care can vary depending on several factors, but if your treatment fell below the standard, you may have a medical malpractice claim.
  • The failure to follow the standard of care caused your injuries-- Even if the doctor did not follow the standard of care, you only have a medical malpractice claim if you were injured as a result. You must prove the malpractice directly resulted in your injuries.
  • The statute of limitations on your claim has not run--The statute of limitations refers to the California law that dictates the amount of time you have to bring your medical malpractice claim. If you do not bring your claim within this time period, you can lose the right to your claim. In California, you have 3 years from the time you were injured or 1 year from the time you discovered your injury to file your claim.

Get Help with Your Medical Malpractice Claim

Bringing a medical malpractice claim can be very tricky. You will need to understand what the standard of care for your treatment was, prove that a breach of that standard caused your injuries, and make sure to bring the claim in the right amount of time so you don't miss out on your recovery. Because you don't want  to miss out on getting the compensation you deserve, it is crucial to have a skilled medical malpractice attorney by your side. 

The experienced attorneys here at the Kann California Law Group understand how medical malpractice cases work. We can help with the investigation to gather the evidence you need for your claim and take your claim through the whole process. We provide a free case consultation for those who have suffered injuries during their medical care. We can answer questions you have about medical malpractice claims during this consultation so call us today at 888-744-7730 or use our convenient and confidential online contact form to set up yours!

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.


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