Legal Question in Legal Malpractice in California
Medical Malpractice/Personal Injury
While hospitalized in July 2006, my mother's I.V. leaked into her arm, causing additional medical treatment and permanent scarring. Is there a statute of limitation for filing a claim ? Any exceptions ?
2 Answers from Attorneys
Re: Medical Malpractice/Personal Injury
California Code of Civil Procedure section 340.5 lays it out. In part, it states that the statute runs "three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first." Under Code of Civil Procedure section 364, written notice of intention to sue must be provided to the health care provider(s) at least 90 days before the lawsuit is brought. Sending the letter(s) will toll (stop the clock on) the statute's running for 90 days if the letter is sent within 90 days before the statute would have run.
Re: Medical Malpractice/Personal Injury
There is a one year Statute of Limitations on medical malpractice. First you have to show there WAS medical malpractice. IF you obtain a doctor's opinion and agreement to testify that there was malpractice in this case, then you can file. If so, feel free to contact me to discuss the facts and strength of the doctor's opinion.
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