Are there special rules in medical cases where wrongful death is claimed?
A.: California has a special statutory scheme that governs the prosecution of all medical malpractice cases. Among other things, the surviving heirs are limited to a maximum of $250,000 for non-economic damages. Non-economic means damages for loss of care, comfort, society, affection and support. In addition, the heirs may seek to recover economic damages, such as lost financial support or the present cash value of lost household services. Special procedural rules are also involved in the prosecution of medical malpractice wrongful death cases, including the requirement that the defendant be notified through the sending of special notification letters pursuant to California Code of Civil Procedure ยง364. That statute requires that at least 90 days before an action is filed, the defendants be given written notice of the plaintiff’s intention to commence a claim. Medical negligence cases seeking damages for wrongful death are complicated, time-intensive, expert intensive and expensive. If
