Anyone in the medical profession, such as doctors, physical therapists, nurses or pediatricians, amongst others. But you can also sue institutions such as clinics, laboratories (for medical trials) and even hospitals.
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Common examples include pain, suffering and financial impact due to:
The statute of limitations in medical malpractice cases is different in the state of California for minors and adults.
Note that there are exceptions where you may claim compensation at a later date. For instance, if the healthcare provider is found to have committed fraud or intentionally concealed their wrongdoing.
Recovering foreign objects unintentionally left in a patient (during a surgical procedure) also removes the standard statute of limitation.
In some cases, the defendant will claim that the plaintiff is partly responsible for the injuries. This is common, for instance, when patients fail to fully follow a doctor’s instructions.
If this is found to be the case at trial, the district attorney will rely on a pure comparative negligence rule, which will deduct a percentage of damages based on your part of the responsibility. If you were going to be awarded $100,000 but are found to be 40% at fault, you will only receive $60,000.
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