Legal Question in Medical Malpractice in California
medical malpractice
Does an attorney have to file the papework for a medical malpractice claim or can it be done by a non-attorney? How long does the statute run in the state of California to file said claim?
3 Answers from Attorneys
Re: medical malpractice
A party can represent him or herself, but, other than a party, it must be done by an attorney. The SOL is one year from the date the victim discovers or reasonably should have discovered the injury and its negligent cause. There are certain conditions that toll or extend the statute.
Re: medical malpractice
You already have 2 correct answers.
Good luck!
Re: medical malpractice
The injured party may file a lawsuit as his/her own attorney. But beware of the many pitfalls and perils of not hiring an attorney.
You have one year to bring suit after you discover, or through the use of reasonable diligence should have discovered, the injury. At least 90 days before commencing a medical malpractice action, you must notify the defendant in writing of your intent to sue.
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