Medical Malpractice Statute of Limitations California -
What is the Statute of Limitations for a Medical Malpractice or
Negligence Case?
Ask Dr.
Fagel, a lawyer who is also a licensed physician.
http://www.fagellaw.com/
FAQ/What_is_the_Statute_of_Limitations_/
Dr. Bruce Fagel has tried and settled more medical malpractice cases than any other attorney in California. When
The National Law Journal selected ""
The 10 Top
Trial Attorneys in the
Nation,""Dr. Fagel was the only medical malpractice attorney listed. Dr. Fagel was nominated eight times by the Consumer Attorneys
Association for their prestigious
Trial Lawyer of the Year award. He is dedicated to fighting for his clients and getting them the results they deserve.
Thousands of patients throughout the
U.S. lose their lives each year due to medical malpractice involving surgery and post-operation or pre-operation care. Surgical malpractice is dangerous, as negligence or a mistake in the operating room can cause serious injury or even death.
Any individual, whom has been injured by the negligence of a medical professional, can file a medical malpractice claim to seek monetary damages. This includes injuries resulting from the actions taken by a medical professional or from injuries that resulted because the medical professional did not act promptly, or failed to take any action at all.
However, the law requires that the injured party must file a lawsuit within a specific time period. This is called the statute of limitations.
Failure to file a lawsuit, or take the required legal action, such as filing a malpractice or negligence claim, where required, with an administrative government agency, could eliminate the injured parties' legal right to recover damages. Prior to suing a doctor or other medical professional, the injured party must provide a notice of intent to sue, pursuant to
California Code of Civil Procedure Section 364. Due to the complex nature of medical malpractice lawsuits, if you believe you or a family member have been the victim of medical malpractice, you should contact
The Law Offices of Dr. Bruce Fagel &
Associates immediately for a free case evaluation.
In California, the statute of limitations concerning medical malpractice or negligence cases are very complex.
In general, the injured party must start legal action within one year from the date the patient discovers or reasonably should have discovered the injury. Under certain circumstances, this deadline for filing may be extended; however, no later than three years after the malpractice or negligence occurred
. If the medical malpractice claim is based upon the presence of a foreign object found inside the patient's body, the statute of limitations does not begin until the patient discovers, or should have discovered, the foreign object. The statute of limitations for medical malpractice applies to minors six years of age and older. For medical malpractice lawsuits involving minors below the age of six, the malpractice action must be filed within three years of the date the injury occurred or before the minor's eighth birthday, whichever period is greater.
The three-year time period may be extended if there is fraud or intentional concealment by the defendant. In many cases,
California law provides an additional extension as well. If a written notice is served to a medical professional within
90 days before the applicable statute of limitations period expires, the statute of limitations deadline will be extended by 90 days. With so much uncertainty concerning the amount of time available for the statute of limitations in medical malpractice cases, you should take the necessary steps to file a lawsuit as soon as possible.
Wrongful Death
The general statute of limitations for a wrongful death in California is two years from the date of the death. However, in the case of a medical malpractice claim, the statute of limitations could be as short as one year. In a wrongful death case against a government entity, any lawsuit must first be preceded by the filing of a government tort claim, for which there is a 180-day limitation period. Additionally, in some cases, the statute of limitations may be extended if the individual is a minor or has a mental disability. Because the statute of limitations will apply differently with each case, we encourage you to contact us immediately for a free case evaluation.
Dr. Bruce Fagel is both a highly skilled and experienced medical malpractice and negligence attorney, and a licensed physician. Dr. Fagel has been nominated eight times by the Consumer
Attorney Association for the prestigious Trial Lawyer of the Year award. His extensive background and knowledge have made him one of the most successful medical malpractice lawyers in the
United States. Due to the frequent success over his many years of practice, approximately 95% of the medical malpractice cases filed by his office settle prior to the trial date. He has resolved
- published: 04 Apr 2016
- views: 0