California residents sometimes experience negligence committed by a medical professional. While accidents may occur in hospitals and the practice of medicine, careless life altering mistakes are a preventable matter. If a physician made an avoidable error that resulted in injury, the patient may file a medical malpractice suit for damages.
What Are The Statutes of Limitations?
In California, pursuant to the Ca. Code of Civil Procedure, a medical malpractice action regarding injury or death must be claimed within one year of the date the claimant discovered the negligent act, but no more than three years from the date of injury.
Victim of Medical Care
The duty of care for a medical professional differs from the duty of the average person. A physician owes a duty of care to patients before his or her competency can be judged. In U.S. jurisprudence, a person has no affirmative duty to assist injured individuals in the absence of a special relationship with them (such as doctor-patient, attorney-client, guardian-ward, etc). Once a doctor voluntarily decides to assist others or come to their aid, he or she automatically becomes liable for any and all injuries that result from patient negligence. One the doctor-patient relationship is established, the doctor owes the business practice that participates in this type of behavior is committing a violation of your consumer rights. This law states that businesses that fail to comply with this state’s consumer protection laws may warrant a penalty or sanction. Under San Diego law individuals or private party plaintiffs are permitted to file lawsuits against actions that violate the UCL on behalf of the general public.
What A Consumer Protection Lawyer Can Do
If a corporation or business engages in fraudulent and unscrupulous conduct in order to illegally obtain money from individuals, the consumer fraud attorneys at Lee Law Group will hold them accountable. An example of a consumer protection case regarding fraudulent conduct would be a woman who sues a health spa that defaulted on its promise to return her deposit and cancel her contract if she changed her mind within a three day period. If you or a loved one have experienced this type of deceitful conduct, we will make sure that business owners are following California’s consumer protection laws in an honest and lawful manner. Our focus is on creating a safer environment for consumers in the marketplace.
If you’ve been treated unfairly by a San Diego or California business, our attorneys are here to help. The professional attorneys at Lee Law Group will investigate your situation and protect your consumer rights. Call today for a consumer protection lawyer at 619-795-0991.