Legal Question in Medical Malpractice in California
statue of limitations
In March 2003, I was 23 weeks pregnant. My infertilty doctor faxed my ob/gyn regarding watching my cervix. My ob never did. I reminded him and my mother each time. He delivered my first child 5 weeks early and never remembered or looked at my chart. Needless to say at my amnio, that doctor notice my cervix was open and sent me directly to the hospital. I was in the hospital one week and sent home for bed rest for the remainder of my pregnancy. (it was basically too late for a cerclauge) After one week at home I was put back into the hospital were the specialist did an emergency cerclauge. After one week in the hospital again I was sent home on complete bedrest for the duration of the pregnancy. My ob was reminded of my problem since I began this pregnancy as the infertility doctor noticed it at 12 weeks. I do have my doctor records from the infertility doctor. I was talking to someone recently who asked me wby I didn't sue my ob, I wasn't sure I could. Is there a statue of limitation for this situation?
1 Answer from Attorneys
Re: statue of limitations
The statute for medical malpractice is one year from the date of discovery of the injury and its negligent cause or 3 years from injury, whichever first occurs. The statute can be extended 90 days by serving the healthcare providers a 90 Day Notice of Claim within 90 days of the 1 year period.
You can have a med mal attorney collect the records and evaluate the case for free. Any case pursued will be, by law, on contingency with the percentages effectively fixed by statute.
I notice you are in the LA area. If you want to pursue this further feel free to call. I'll be on vacation from Dec. 16 - Jan. 6.
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