California Malpractice Law
Malpractice occurs when a professional fails to do what is necessary to prevent the injury or harm of a patient or client. There are two common types of malpractice; medical and legal. Malpractice law outlines the obligations a professional must uphold when dealing with customers. It also protects the rights of customers in the professional's care.
Medical Malpractice
Medical malpractice occurs when a medical professional's actions cause injury or harm to a patient. A doctor's negligent omission of material information resulting in harm is also considered malpractice. Medical malpractice law is governed by the Medical Board of California. California law requires the prompt reporting of disciplinary action, public complaints or any judgements or settlements resulting from a medical professional's actions.
Legal Malpractice
Legal malpractice law deals with claims against an attorney who has been accused of committing a wrongful act against a client. Malpractice can also occur if an attorney does not perform according to professional standards in court, with clients, with witnesses and third parties, or opposing counsel. The State Bar of California mandates the legal standards attorneys are expected to adhere to as well as certifies counsel in areas of legal malpractice law.
Proving Fault
In order for a malpractice suit to be plausible, the injured party must reasonably prove that the negligence of a doctor or lawyer caused her harm. The plaintiff must have experienced an injury as a result of the professional's action and prove that the professional was in breach of his or her duties. For example, a patient that is injured as a result of a medical instrument left inside his or her body after a procedure has the right to file a medical malpractice claim.
Statute of Limitation
Certain time limits exist in filing a malpractice claim in California. If a person fails to file a malpractice lawsuit within the time limit, he loses the right to collect relief for any injuries. The California statute of limitation for legal malpractice is one year from the date the harm was discovered. Limitations for medical malpractice in California is three years from the date of injury or one year from the date of discovery of the injury.
Misconceptions
Many consumers are under the assumption that a medical procedure or court case that did not work out in their favor will provide grounds for filing a professional malpractice lawsuit. In many cases, there is no guarantee that an operation will be 100 percent effective, or a lawsuit will be successful. As a result, it is unreasonable for a consumer to allege negligence on the part of the doctor or lawyer.
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