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July 2017 Archives

What is the statute of limitation for medical malpractice?

Most Californians understand that a legal claim for damages must be commenced before the statutory deadline for bringing such claims expires. However, the question of what is the length of time for bringing a medical malpractice case requires a lengthy answer because the law that defines the limitation period contains a number of exceptions.

Double-booked surgeons raise questions about patient safety

When Californians need surgery, they assume that the doctor who has advised them about the necessity and risks of the contemplated procedure will be the surgeon performing the operation. Several recent studies have revealed that this assumption is not always correct. Many surgeons commonly perform surgery on two patients at the same time without informing the patient, and critics of the practice are questioning what this practice means for patient care.

State court throws out malpractice damage cap

Over the last few years, many states, including California, have passed laws that limit the amount that victims of medical malpractice can recover for non-economic damages. Congress is considering a similar measure. A recent decision by an appellate court in Wisconsin may seriously undermine the constitutionality of such laws.

Understanding "informed consent" in California

Most residents of Southern California understand that a doctor cannot perform an operation on a patient or provide treatment without first obtaining the patient's consent. However, the form and circumstances of the consent are almost as important as the patient's agreement to go forward. The ways in which consent must be obtained have been carefully spelled out by California courts in a number of medical malpractice decisions involving accusations that the physician failed to obtain the patient's knowing and deliberate consent.