In California there are a series of legal hurdles in place that must be met before you can file a medical malpractice action against professionals such as a surgeon, doctor, dentist, or other medical profession.
For example, California Code of Civil Procedure 364 states that: “No action based upon the care provider’s professional negligence may be commenced unless the defendant has given at least 90 days’ notice of the intention to commence the action.”
What this means practically speaking is that you must write your doctor, surgeon, dentist, orthopedist, pediatrician, or other medical professional a letter 90 days before you bring a lawsuit against them for malpractice. This is fundamentally different than any other lawsuit in California. If you get hit by a car by a drunk driver you can go to court the next day and file a lawsuit. But if your surgeon cuts off the wrong arm during surgery you need to write him a letter that explains that you intend to sue him/her for cutting off the wrong arm in 90 days.
Legal hoops like this have been put in place by the medical insurance industry to discourage lawsuits against hospitals and medical providers. The attorneys of Jones & Devoy have experience in bringing medical malpractice actions and can help you navigate the law in California to achieve optimal results. If you have been harmed by the malpractice of your doctor, dentist, prosthodontist, surgeon, EMT, or any other medical professional, contact the lawyers of Jones & Devoy today.
