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Section 364 - Notice to health care provider of intention to commence action (a) No action based upon the health care provider's professional negligence may be commenced unless the defendant has been given at least 90 days' prior notice of the intention to commence the action.

The California Legislative Information website states that victims of legal malpractice have one year to take action after discovering an omission or a wrongful act, or four years following the day when the omission or wrongful act took place (whichever is sooner).

Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.

To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.

In California, medical negligence occurs when a professional deviates from the standard of care as he or she is treating a patient. These acts can take many forms, such as the following: Misdiagnosing, failing to diagnose or delaying a diagnosis. Making a mistake during surgery.

You may not be sure whether your situation even qualifies as medical malpractice, but legally actionable malpractice can take many forms, including: ? Surgical injuries. ? Improper medication. ? Failure to provide proper treatment. ? Diagnostic errors. ? Anesthetic errors. ? Birthing injuries (to the mother or child)