Legal Question in Health Care Law in California

Malpractice

How long do you have to file a malpractice suit


Asked on 6/24/09, 2:08 pm

1 Answer from Attorneys

Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Malpractice

California has various statutes of limitation, including on written contracts (generally a 4 year statute of limitations), oral contracts (generally a 2 year statute of limitations), etc.

However, no one should rely on an answer on LawGuru as legal advice, because, among other things, it depends on all the circumstances. Things such as and among others: was it medical or legal malpractice; was the malpractice a single incident or did it occur over time; do you have other claims that might expire sooner; does the legal defense of laches apply if you wait longer to file suit; etc. If legal malpractice: federal or state; civil or criminal; transaction or litigation; etc.

I know the question may seem simple, but it truly depends on many factors and it would be unwise for any attorney to tell you that you had X amount of time without knowing more. Thus, pursue your rights without delay.

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Answered on 6/24/09, 8:54 pm


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