Statute of Limitations to File a Missed Diagnosis or Misdiagnosis Lawsuit in California

Those who suffered injury or illness because of a misdiagnosis or failure by a doctor to diagnose have 3 years to file a lawsuit, starting from the act of negligence by a healthcare provider. You also have the option of filing a medical malpractice lawsuit within 1 year of discovering a serious health condition resulting from missed diagnosis or wrong diagnosis by a doctor. It’s important to note, however, that your statute of limitations is based on which of these dates comes first.

Each patient’s experience with malpractice by their physician is unique, and this is why it’s important to discuss your situation with a California medical malpractice lawyer. Our legal experts are here 24/7 to advise you on how much time you have if you are eligible for a compensation claim against a medical professional. Contact us at your earliest opportunity and schedule a free case review.

Standard of Proof for a Medical Malpractice Claim

Even when there are mistakes in diagnosing a patient, that in itself is not sufficient to file a lawsuit for malpractice by a clinician. Like all human beings, doctors are not perfect, and there is always room for error in spite of doing one’s due diligence toward a patient.

To have grounds for a medical malpractice lawsuit, you must show evidence that the doctor, nurse, surgeon, etc., deviated from what is known as the “standard of care.” The level of care and treatment provided to a patient varies depending on the disease / injury. But there is a professional code of conduct that healthcare professionals are required to follow.

In addition, doctors have their own standards that are specific to the area of medicine they specialize in. You would essentially have to prove that the other doctors within the same field with the same level of expertise would not have made the same diagnosis or failed to diagnose a health condition had they examined you. Furthermore, you must show that you would not be suffering from the same injury or illness had you gone to a doctor who followed proper protocols and exercised good judgement based on the available evidence.

Clearly, these are challenging factors to prove, and patients generally need help from a medical malpractice lawyer if a doctor failed in their duty to properly diagnose a medical condition.

Deadline for Medical Malpractice if the Patient is a Minor

As stated previously, most claims involving medical malpractice must be filed within 3 years of the event that caused the patient harm and suffering. But this deadline is more complicated if the patient in question is a child who is younger than 6 years old. Missed or misdiagnosis claims for minors under 6 have the following statute of limitations:

• Within 3 years of when the illness or injury caused by malpractice occurred
• Before the minor patient turns 8 years old

If the child is older than 6, the standard deadline of 3 years is applicable. If you would like to verify the exact amount of time you have to sue on behalf of a child medical malpractice victim, don’t hesitate to give us a call.

Wrongful Death Resulting from Medical Malpractice

Failure to properly diagnose an adverse health condition can sometimes cause death for a patient and a lifetime of emotional and financial hardships for the people left behind.

Here at Kenmore Law Group, we have a team of skilled wrongful death lawyers who are ready to educate you on your rights and legal options. If you have the foundation for a medical malpractice wrongful death lawsuit, you can count on us to secure the settlement or jury verdict you are entitled to.

At the end of the day, there is no way that money can make up for what you lost when your family member or spouse passed away. But compensation to cover funeral expenses, medical bills, and other monetary losses can help you move forward with the rest of your life.

Monetary Damages You can Receive

Your compensation award as a victim of medical malpractice is based on your level of physical and emotional harm, as well as direct financial losses (income lost from your job, total sum of medical bills, etc.). Below are the basic categories of damages that may be recovered on your behalf:

Medical care and treatment – this includes current and future healthcare costs for doctor’s appointments, surgeries, physical therapy, hiring a home health aide, and many other treatments / services.

Current and future lost wages – this is in reference to the income you lose from your job / business because of your medical needs. If you are suing on behalf of a child or other family member, you can sue for wages that were lost because of your need to take care of that person.

Pain and suffering –non-economic damages to compensate a victim for physical and emotional suffering they would not have to endure were it not for the defendant’s careless or reckless conduct.

Wrongful death benefits – the damages here are not on behalf of the plaintiff, but rather, surviving spouse and family members. Wrongful death benefits for loved ones of a medical malpractice victim may include loss of consortium, pain and suffering, funeral costs, medical expenses, and loss of expected savings.

Punitive damages – if your case cannot be settled and is tried in court, the jury has the option to award punitive damages on top of your settlement. In order to receive punitive damages, the jury must agree that the act of negligence / misconduct by the healthcare provider was particularly egregious (gross negligence).

Help from a Medical Malpractice Attorney

Doctors have the highest duty of care and professionalism, as their actions have a direct impact on the lives of their patients. A missed diagnosis or failure to correctly diagnose can cause severe injury, illness, or death, and physicians who are guilty of malpractice must be held accountable.

Every second counts when it comes to a lawsuit, so please reach out to us immediately. Our law firm will charge you $0 upfront if you wish to go ahead with a legal case. Instead, we will wait until the recovery of your settlement or compensation from a jury verdict before we collect legal fees. On top of that, you are protected by the Zero Fee Guarantee, so you owe us $0 if we don’t win your case.

For more information on suing for medical malpractice in the state of California, contact our office and schedule a free, private consultation.