California Medical Malpractice Lawyers

States

Statutes of Limitation

Limits on Damage Awards

Pre-trial Screening and Arbitration

California

Civil Procedure §340.5. 3 years after injury or 1 year after discovery, whichever is first. No more than 3 years after injury unless caused by fraud, concealment, or foreign object. Minor under age 6: 3 years or before age 8, whichever is longer.

Civil Procedure §364. Physician must have 90 days notice of action to commence.

Civil Code §3333.2. $250,000 limit for non-economic damages.

Civil Procedure §1295. Voluntary arbitration contract. Entering contract removes option for trial and is binding.

Joint and Several Liability

Expert Witnesses

California Malpractice Attorney Fees

Patient Compensation or Stabilization Fund

Civil Code §1431.2.

Defendants are proportionally liable for non-economic damages according to percentage of fault, but jointly and severally liable for economic damages.

Business and Professions §2220.08. Expert witnesses to have pertinent education and training to evaluate specifics to claim and case.

Business and Professions §6146. Sliding scale, not to exceed 40% of first $50,000, 33 1/3% of next $50,000, 25% of next $500,000, and 15% of damages exceeding $600,000.

None provided.