When Can You File a Medical Malpractice Claim?
Medical professionals are trusted to provide competent and compassionate care. However, mistakes can happen, and when they do, the consequences can be life-altering. If you or a loved one has suffered harm due to a healthcare provider’s negligence, you may be eligible to file a medical malpractice claim.
At the Law Offices of Steven Zwick, we understand how overwhelming it can be to face the aftermath of medical errors. Our experienced legal team is here to help you pursue the compensation you deserve.
Read on to learn more about when you can file a medical malpractice claim. If you're ready to discuss your case, contact our Southern California personal injury firm for a free consultation.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, or hospital—fails to meet the accepted standard of care, resulting in harm to a patient. The standard of care refers to the level of skill, knowledge, and treatment that a reasonably competent provider in the same field would have provided under similar circumstances.
Not every negative medical outcome constitutes malpractice. To have a valid claim, you must prove that the provider’s negligence directly caused your injury or worsened your condition.
When to File a Medical Malpractice Claim
Statute of Limitations
One of the most critical factors in filing a medical malpractice claim is the statute of limitations. This is the time limit within which you must file your claim. In California, the statute of limitations for medical malpractice cases is typically:
Three years from the date of the injury, or
One year from the date you discovered, or should have discovered, the injury—whichever comes first.
However, there are exceptions for minors and cases involving fraud or concealment. Consulting an attorney as soon as possible can help you make sure that you meet all deadlines and preserve your right to compensation.
Discovery of Harm
In some cases, the harm caused by medical negligence isn’t immediately apparent. For example, a surgical error might not be discovered until months later during a follow-up exam. If you discover harm after the statute of limitations has passed, you may still be able to file a claim under the “discovery rule.”
Key Elements of a Medical Malpractice Claim
To file a successful medical malpractice claim, you must establish the following elements:
1. A Doctor-Patient Relationship Existed
You must show that a formal relationship existed between you and the healthcare provider. This means the provider agreed to treat you, and you agreed to receive their care. This element establishes the provider’s duty to uphold the standard of care.
2. The Provider Was Negligent
Negligence occurs when a provider fails to act in accordance with the accepted standard of care. This could involve:
Misdiagnosing or failing to diagnose a condition
Errors during surgery
Prescribing the wrong medication or dosage
Failing to obtain informed consent before a procedure
3. The Negligence Caused Harm
It’s not enough to show that the provider made a mistake. You must demonstrate that their negligence directly caused your injury or worsened your condition. For example, if a delayed diagnosis allowed a disease to progress to a more advanced stage, the provider’s actions could be considered negligent.
4. You Suffered Damages
You must prove that the negligence resulted in measurable damages. These could include:
Medical expenses for additional treatment
Lost wages due to time off work
Pain and suffering
Loss of quality of life
Common Examples of Medical Malpractice
Medical malpractice can take many forms. Some of the most common examples include:
Misdiagnosis or delayed diagnosis: A misdiagnosis or delayed diagnosis can lead to improper treatment or a lack of treatment altogether. This is particularly harmful in cases involving serious conditions such as cancer, heart attacks, or strokes.
Surgical errors: Surgical mistakes can have devastating consequences. Examples include operating on the wrong body part, leaving surgical instruments inside the patient, or causing nerve damage during a procedure.
Medication errors: Medication errors can occur at various stages, from prescribing the wrong drug to administering the incorrect dosage. These mistakes can lead to severe side effects, allergic reactions, or worsening of the patient’s condition.
Birth injuries: Medical negligence during childbirth can result in serious injuries to both the mother and baby. Examples include failing to monitor fetal distress, improper use of delivery instruments, or delayed C-sections.
Anesthesia errors: Mistakes made by anesthesiologists can be life-threatening. Overdosing, administering the wrong medication, or failing to monitor the patient’s vital signs can lead to brain damage or death.
Steps to Take if You Suspect Medical Malpractice
If you believe you’ve been a victim of medical malpractice, taking the following steps can strengthen your case:
1. Obtain Your Medical Records
Request copies of your medical records to review the treatment you received. These documents provide valuable evidence of the provider’s actions and any deviations from the standard of care.
2. Seek a Second Opinion
Consult another healthcare provider to assess your condition and determine whether the initial provider’s actions caused harm. A second opinion can also help identify the appropriate course of treatment moving forward.
3. Document Your Experience
Keep detailed notes about your symptoms, treatments, and interactions with healthcare providers. Include dates, times, and any relevant conversations or incidents.
4. Consult a Medical Malpractice Attorney
Medical malpractice cases are complex and require sharp legal knowledge. An experienced attorney can evaluate your case, gather evidence, and build a strong claim on your behalf.
Take Action Today
If you’ve been harmed by medical negligence, you don’t have to face it alone. The Law Offices of Steven Zwick are here to help you seek justice and hold negligent providers accountable. Contact us today for a free consultation and learn how we can assist with your case.
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