Medical malpractice statute of limitations California is a law that restricts the time limit on a person’s right to file a lawsuit against the accused. Such a law is the realization of an idea that the prospective plaintiffs must not be allowed for waiting an indefinite amount of time before filing a legal complaint in the court. In case you attempt of filing a lawsuit once the statutory time limit is over, the court shall refuse to hear your case. Obviously, there can be medical malpractice statute of limitations exceptions that have to be applied depending upon the intensity of the crime. It’s a known fact that different kinds of crimes or felonies have different sets of deadlines. Similarly, the statute of limitations medical malpractice California has its own criteria. By contacting Malpractice attorney, you will get to know all exclusive information about it.
Medical Malpractice Statute of Limitations California : What is medical malpractice?
Well, for understanding medical malpractice and the statute of limitations associated with it, it’s important to understand what makes an event turn into medical malpractice? Well, let us discuss the topic briefly below:
- Medical malpractice occurs when any of the patients have been harmed by the inactions of doctors and any of the other healthcare professionals.
- Some of the most common cases of medical malpractice are generally found to be associated with childbirth injuries, surgery errors, medical misdiagnosis, hospital related infections, and medical negligence.
Statute of Limitations California Medical Malpractice : All about medical malpractice California
The statute of limitations medical malpractice California is clearly mentioned in section 340.5 of the California Code of Civil Procedure.
- It states that a medical malpractice case should be brought under legal monitoring within a year after the plaintiff discovers the injury, or within 3 years of the injury date, whichever is first.
- In California, once you are sure about any harm that has been caused to you due to a health care provider’s negligence, you should file your lawsuit in the state’s civil court system before one year of the date of discovery.
- In case, you aren’t aware that you were being harmed due to medical malpractice until after three years have passed since the negligence occurred, you would lose your right of filing a medical malpractice statute of limitations California.
Medical Malpractice Statute of Limitations Exceptions – Are there any?
Every law has its loopholes. And when the situation deals with a serious consequence such as that are caused due to medical malpractice, there are certain exceptions that you can avail. Let us look into the situation in which there is an exception:
- One exception applies to the overall 3-year deadline is when a foreign object; including a medical instrument or a surgical sponge, is left inside the patient’s body.
- In such cases, the 1-year discovery deadline is still applicable; however, there aren’t any overall time limits.
- In these unfortunate situations, you are eligible for bringing this kind of case into legal notice even after ten years or more since the surgical error occurred. However, you must file the case within one year since you discovered the presence of a foreign object in the patient’s body.
By now, we hope that all your doubts related to medical malpractice statute of limitations California are answered. It’s always recommended that you take legal assistance as soon as you discover that you have been a victim of medical malpractice. If you need more exclusive consultation in this regard, call us now or visit at Online Lawyer.