Medical Malpractice Statute Of Limitations In California
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
- How Long Do You Have to File a Medical Malpractice Lawsuit in California?
- When Does the Statute of Limitations Clock Start?
- Exceptions to California's Medical Malpractice Statute of Limitations
- Statute of Limitations for Medical Malpractice Involving Children
- California's 90-Day Notice Requirement Before Filing
- What Happens if You Miss the Statute of Limitations Deadline?
- Why You Need a Medical Malpractice Lawyer in California
- Get Matched With a California Medical Malpractice Lawyer Today
Summary
- California generally gives you three years to begin a malpractice claim
- There are exceptions for minors and instances of retained foreign objects
- The state also has a 90-day notice requirement before filing
After suffering harm from a California healthcare provider, you may have the option to begin a medical malpractice case. These are civil actions that can hold a provider liable for the losses they have caused.
As with other types of legal processes, there are deadlines you must meet. These are known as statutes of limitations. Learn about the medical malpractice statute of limitations in California and whether there are exceptions that could impact your claim.
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How Long Do You Have to File a Medical Malpractice Lawsuit in California?
The statute of limitations for medical malpractice in the state is usually three years. Plaintiffs are often frustrated about having a limit on when they can file a claim, but the deadline is important.
It helps ensure that cases are filed as soon as possible, when viable evidence is still available. This deadline also prevents courts from being overrun by older claims.
When Does the Statute of Limitations Clock Start?
The medical malpractice statute of limitations in California starts running from the moment that the negligence leading to your injuries occurs. If, however, you don’t discover that you were hurt until later, you have one year from when you did realize or should have reasonably realized you had suffered an injury.
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Exceptions to California's Medical Malpractice Statute of Limitations
There are exceptions to the medical malpractice statute of limitations in California. If there was fraudulent concealment on the part of the provider, for example, it’s possible to toll the statute of limitations. This occurs if the provider lied or falsified documents so that you would not realize you had been hurt.
If a foreign object is left in the body, that would be an exception to the statute of limitations as well. The one-year time limit after discovery of the problem would generally apply in these instances, but not the three-year limit.
Statute of Limitations for Medical Malpractice Involving Children
Another exception involves children. If they suffer an injury before the age of six, it’s possible to file a claim even if the three-year limit has expired. The case must be brought forward, however, before the child’s eighth birthday. After that, you will typically be barred from doing so.
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California's 90-Day Notice Requirement Before Filing
Before you can file a medical malpractice lawsuit in California, you’re required to let the defendant know you’re preparing a claim against them. Once you meet this notice requirement, you will have to wait 90 days before you can begin the legal action.
If you send this notice within 90 days of the statute of limitations expiring, the deadline will be extended for 90 days from the moment you send the notice.
What Happens if You Miss the Statute of Limitations Deadline?
Missing the statute of limitations deadline can prevent you from recovering your losses. You can be barred from obtaining the compensation you need to address your medical expenses, lost wages, loss of enjoyment of life and pain and suffering.
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Why You Need a Medical Malpractice Lawyer in California
A California personal injury lawyer with experience in medical malpractice cases is invaluable for these claims. They will be able to investigate the injuries you suffered and gather evidence to prove that you received substandard care. An attorney will also have access to experts in the medical field who can testify on your behalf.
With a medical malpractice lawyer on your side, you can ensure all of your losses are accurately calculated. This is vital for non-economic damages, in particular, because they don’t come with a price tag.
An attorney will know what parties you may be able to file against as well. The medical provider may be one of them, but if they’re employed by a hospital or clinic, you might be able to hold these facilities liable, too.
Vitally, your lawyer will know how to negotiate with insurance companies. You can expect these companies to minimize your claim. If you don’t have representation, you can end up with a much smaller settlement.
Additionally, your attorney can take the case to court if obtaining a fair settlement isn’t possible. That is not something you will want to pursue without legal guidance.
Get Matched With a California Medical Malpractice Lawyer Today
Getting medical care carries some inherent risks, but if the medical provider was in any way negligent, you may be able to file a claim to obtain compensation. To do so, you need assistance from an experienced lawyer.
At ConsumerShield, we can connect you with trusted attorneys in your area who can help you explore your best options. Contact us for a free case review to begin the process today.
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Frequently Asked Questions
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No. Unlike many other states, California does not require that you present an affidavit of merit from a healthcare provider in the same field to begin your claim. You may still need testimonies from another provider, however, to corroborate that you received substandard care.
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No. Medical malpractice lawyers generally don’t charge upfront fees or require any type of retainer. They tend to work on contingency, so they only get paid if and when you do.
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Medical malpractice can include surgery errors, birth injuries and failure to diagnose. Misdiagnosis, hospital-acquired infections and medication errors are also common. Any conduct that is considered substandard could be seen as malpractice.
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Many factors can influence how much your claim is worth. For instance, the severity of your injuries, how many parties are liable, the evidence you have and whether you will be able to fully recover will impact your claim.
