When you are giving birth to a newborn, been injured in an accident, become ill, or have a routine procedure that requires a trip to the hospital, the last thing you expect is for a doctor to commit malpractice resulting in a brain injury.
In our 30 years of experience, the most common ways medical malpractice can lead to a brain injury are during surgery and to a newborn during birth, which is a very sad and tragic occurrence. For more facts and statistics about birthing brain issues please visit this birth injury guide.
Time Limits to File Your Brain Injury Lawsuit
It’s important to keep in mind that in California if you or a loved one have been injured by medical malpractice, you have only one (1) year from the time you know or should have known of the medical malpractice brain injury or three (3) years in total, whichever comes first, to file your lawsuit.
Before you file, you must also first provide all doctors and medical providers you intend to sue with 90 days notice.
Moreover, if the hospital is public, then you have to navigate the government tort claims rules, which requires notice of a claim to be filed within 180 days from the discovery of the injury.
In some instances, these deadlines have exceptions, but you cannot count on those, and it’s best to act as fast as possible.
Once you’re in litigation, you can then expect the doctors and medical providers to pull out the stops to try to defeat your claim. These are complicated, intensive battles and you cannot afford to trust just anyone to handle your claim as brain injuries often require significant financial resources to treat and therefore a significant award may be in the balance.
Between this reality and the numerous and tricky deadlines, you must not delay in engaging an experienced medical malpractice brain injury lawyer.
Speak to a Brain Injury Lawyer
If you or a loved one has suffered a brain injury because of medical malpractice, please do not delay in reaching out to one of our brain injury lawyers for a free consultation at 800-818-1818. We are here to help you fight for the justice and compensation you deserve in these very delicate and complicated cases.