Medical Malpractice Statute of Limitations
Anyone who the negligence of a medical professional has injured can seek monetary damages by filing a medical malpractice claim. These injures include injures caused by the direct action of a medical professional or because the medical professional did not act in a timely fashion, or because they failed to take ant action.
However, by law, the injured party has to file the lawsuit within a specific time period. This is known as the statute of limitations. Failing to file a lawsuit within the time frame could eliminate the legal right to recover compensation. According to the California Code of Civil Procedure Section 364, before filing a lawsuit against a medical professional, the injured person must provide a notice of intent to sue. A medical malpractice lawsuit is very complex. If you or a loved one has been the victim of medical malpractice, contact Attorneys For All immediately.
Call us anytime at (281) 475-4535 or fill out a consultation form here to start the process.
The statute of limitations in California is very complex. Generally, the injured party must take legal action within one year of discovering the injury. However, under particular circumstances, the deadline can be extended but no more than three years. If a foreign object causes the injury inside of the patient’s body, the statute of limitations does not begin until the object is discovered. The statute of limitations only applies to minors six years and older. For children below the age of six, the statute of limitations is three years of the date of injury or before the eighth birthday, whichever period is greater.
If fraud or concealment by the defendant is found, the three-year time limit may be extended. Furthermore, California law provides an additional extension. The statute of limitations can be extended for 90 days if written notice is served within 90 days before the statute of limitations expires. With so many complexities in a medical malpractice case, you should contact an attorney immediately after an injury.
In California, the statute of limitations for wrongful death is two years from the date of death. If the wrongful death case is against a government entity, a government tort claim must be filed. There is a 180-day limitation to file this claim. Additionally, if the victim is a minor or has a mental disability, the statute of limitations may be extended.
Contact an Attorney Today
Medical malpractice cases are complex and should be handled by an attorney. If you or a loved one has been injured or has died from an injury caused by a medical professional, it could be the result of medical malpractice or negligence. We recommend you contact us immediately for a free case evaluation. CALL US ANYTIME (281) 475-4535 or fill out a consultation form here to start the process.