Legal Question in Elder Law in California

Re: elder abuse

I am sorry to hear about your situation. It sounds terrible.

Claims for medical malpractice must be filed within one year from the date you knew or reasonably could have known of the malpractice and injury. Elder abuse claims must be filed within two years from the injury. Elder abuse claims can be asserted against hospitals, and my firm has brought and prevailed on several such claims. A good elder abuse atorney should be able to show that pressure sores would not and should not worsen to stage 4 without deliberate indifference by the medical professionals involved which, by definition, would be elder abuse or neglect. I would be happen to give you a free telephone consultation.

Re: elder abuse

Medical malpractice is 1 year. It is likely that Elder Abuse is 2 year time limit. It may be possible, based on your condition, that the malpactice time limit may be extended.

Joel

Re: elder abuse

Medical malpractice claims must be filed with one year of injury or discovery, both of which are passed in your case, it appears. It is not likely you could successfully plead your facts as 'elder abuse', since it sounds like it is clearly a claim against medical providers, thus governed by the malpractice statute.

Even if you could still timely file, you must first have a medical expert opinion from a doctor willing to testify that it was malpractice. Neither your opinion, nor your attorney's, is relevant; only a doctor's opinion can prove your claims. Do you have such opinion? If so, we could discuss whether there is any realistic potential of a successful claim this late.