Legal Question in Medical Malpractice in California

I had an operation in jan of 2012, the operation was botched and i am permanently damaged from this. Is there a time limit on filing a suit for malpractice.


Asked on 2/21/13, 12:42 pm

2 Answers from Attorneys

Robert Kubler The Kubler Law Firm

YES. The one-year statute of limitations discovery begins to run "when the plaintiff suspects or should suspect that her injury was caused by wrongdoing." See California Code of Civil Procedure section 340.5. This section provides that a plaintiff must commence his or her action "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.

Also if the hospital is owned by a public entity/agency a tort claim has to be done within 6 months or a lawsuit is barred.

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Answered on 2/21/13, 1:18 pm
Terry A. Nelson Nelson & Lawless

Of course there is a time limit, on every case and claim.

You have one year from first knowledge of the 'malpractice' and damage to file, up to a maximum of three years, whichever comes first. Unless you can show you only learned of the problem after 2/21/12, you are already too late.

If you learned later than that, and IF you can prove your allegations of malpractice, then you need to take action quickly. If serious about hiring counsel for this, feel free to contact me.

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Answered on 2/21/13, 3:50 pm


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