Best Medical Malpractice Lawyers Mission Viejo, CA

Mission Viejo, CA Medical Malpractice FAQs

• What is the non-emergency contact number for the local police station in Mission Viejo, California?

  For non-emergencies, call the Mission Viejo Police at 949-770-6011 or 714- 647-7000.

• Where can I get a copy of police reports for incidents related to my case in Mission Viejo, California?

  You can visit the Records Division located at 320 N. Flower Street, Santa Ana, CA 92703 to make the report copy request of your Mission Viejo case in person. Please call the Orange County Sherriff’s Department at 714-834-6454 to confirm the report’s availability for release. You can also fill out a Request Authorization Form from the Sherriff’s official website and mail to it P.O. Box 449, Santa Ana, CA 92702, or fax it to 714-834-5466.

• What damages can be recovered through a medical malpractice claim in Mission Viejo?

  You can claim compensation from your medical malpractice claim for your economic and non-economic or intangible damages. With the help of your Mission Viejo medical malpractice lawyer, you can recover medical and rehabilitation expenses, lost wages and future earnings, and intangible damages like pain and suffering and loss of life enjoyment. Do note that the Medical Injury Compensation Reform Act indicates a $350,000 cap on non-economic damages regardless of how many defendants are involved in the lawsuit.

• What types of medical situations are considered malpractice in Mission Viejo?

  There are three common types of medical malpractice in Mission Viejo: misdiagnosis, medication errors, and surgical errors. Misdiagnosis can happen if the physician provides an incorrect, delayed, or no diagnosis at all, which can lead to inappropriate treatment or escalation of the patient’s condition. Some examples of medication errors are prescribing incorrect drugs or administering the wrong dose. Meanwhile, surgical errors can happen at any point, from sterilizing instruments inadequately and overdosing anesthesia to operating on the wrong body part.

• What is the statute of limitations for medical malpractice lawsuits in Mission Viejo?

  Medical malpractice cases in Mission Viejo must be brought within three years of the malpractice or within a year of the discovery if the harm was not immediately apparent. This is according to the California Code of Civil Procedure Section 340.5. An extension may be granted for cases involving fraud, a victim below six years old, a foreign object left inside the patient's body, or where the doctor willfully concealed their mistake.

• Can you still claim medical malpractice damages in Mission Viejo if you partly contributed to your medical condition?

  Mission Viejo uses a pure comparative system, allowing victims of negligence to recover damages even if they share fault. Note that your recovery will be reduced by your percentage of fault. For example, you failed to inform your doctor of your diabetes medication and your doctor also failed to ask before prescribing you a drug that has contraindications with your diabetes medicine. You're found to be 10% at fault for this, so your $100,000 award is reduced to $90,000.

• Do you have to let your doctor know that you’re suing them for medical malpractice in Mission Viejo, CA?

  According to the California Code of Civil Procedure Section 364, individuals seeking to file a medical malpractice case must provide the defendant with formal notice of their intention to sue at least 90 days before filing. Note that if you provide the notice to your doctor within the last 90 days before the statute of limitations expires, the commencement of your case in Mission Viejo will be pushed back to 90 days after the notice was sent.