These damages include pain and suffering, physical disabilities, loss of enjoyment of life or companionship, and the like that are rare. California medical malpractice law requires that the injured patient also prove causality between the negligence and the subsequent injury. Negligence must be the actual cause of fact, as well as the immediate cause of the patient's injury. The law does not hold a health care provider who has been negligent legally responsible for any and all injuries suffered by a patient simply because they occurred or manifested after the negligent conduct.
That is, the negligent act must have been the actual cause of the injury, not simply precede it in time, for a medical malpractice lawsuit to be viable. The statute of limitations for filing a personal injury or wrongful death lawsuit based on a medical malpractice lawsuit in California is set forth in Article 340.5 of the Criminal Code. However, it should be noted that, since the trigger for the statute of limitations to begin running is the date of the injury and not the date of the negligent act or omission (it may or may not be the same date), the California statute of repose does not fully extinguish a medical malpractice practising the lawsuit even before the potential plaintiff knows about the injury. California is one of 42 states that have some type of apology or gesture of sympathy statute that excludes the use of expressions of sympathy, condolences, or apologies against the person who communicates such feelings in a personal injury lawsuit.
Deadlines for filing medical malpractice lawsuits -Statute of Limitations -Introduction -Statute of Limitations for Medical Malpractice Claims in California -Discovery Rule -Fraud, Intentional Concealment, or Foreign Object -Special Provisions for Minors -Birth Injury Lawsuits -Lawsuits Against the Government -Toll Provisions Under California Law -Potential Defendant is Out of State -Death of Potential Defendant or Claimant -Mentally Disability -Imprisonment -Incarceration -Voluntary Agreement. Courts have taken note of this inequity in the law and have begun to impose an injury discovery requirement in the juvenile provision. In California, a medical malpractice lawsuit must be filed no later than three years after the date of the injury or one year after the plaintiff discovers the injury or, through the use of reasonable diligence, should have discovered the injury (whichever comes first). This means that if the plaintiff does not “discover the negligent cause of her injury” until more than three years after she first suffered the damages caused by the injury, she will not be able to bring a malpractice action against the doctor or hospital whose negligence caused her injury.
Current law makes benevolent statements or gestures that express sympathy or a general sense of benevolence in relation to the pain, suffering, or death of a person involved in an accident and declare them inadmissible to that person or their family as evidence of liability in a civil action.