Legal Question in Medical Malpractice in California

Re: Statute of Limitations Question

This is a very complex question. Generally, there is a 3-year and/or 1-year statute of limitations in CA. There are also other procedural steps before filing a lawsuit.

It is very fact-specific and I would need more information. Please feel free to contact me. Thanks for your questions and good luck.

Re: Statute of Limitations Question

the statute of limitations would start from the date that you first discovered your injury, not necessarily when the injury occured. so this should work in your favor from the facts given thus far. if the doctor made false statement in your file and shared them with others, you may have other tort causes of actions against him as well, that could also allow you to recover punitive damages atop your compensatory damages.

if you would like further assistance, email me directly with more facts pertaining to your case, especially in respect to your injuries--emotional and physical.

Re: Statute of Limitations Question

The question that you pose does not have a simple answer. In or about 1975 new legislation was enacted in California giving doctors certain privileges not shared by others. The statute of limitations was changed and can now be found in California Code of Civil Prcedures Sec. 340.5. Its basically provides for a limitation of ne year from discovery of the act negligence but not longer than three years from the commission of the act. There is a particular part of this section that may, however be applicable to your situation. The statute is tolled, meaning extended, where you can show fraud or intentional concealment. Falsification of medical records may constitute such conduct.

It is important that you move quickly and have your case reviewed by a lawyer who has substantial experience in this area of the law. Check with your local bar association. they should have a list of attorneys that practice in this specialty. If more is needed please feel free to contact me.

There is one more point raised by your question. If the falsified records contain defamatory remarks and such records have been shown to others than yourself, there may be a separate action for libel. This, too, would have a one year limitation from the time of the sharing of the information,

Good luck.

Neil C. Newson