Medical Malpractice

Statute of Limitations for Medical Malpractice in California

Medical malpractice occurs when a healthcare professional provides substandard care or neglects to provide proper treatment, resulting in harm, injury, or death. If you have suffered serious injuries due to medical malpractice in San Diego, you may have a right to file a medical malpractice claim against the health professional or institution responsible. 

What Are the Statutes of Limitations for Medical Malpractice Cases in California?

A statute of limitations is a legal time frame set by legislation that limits the period within which legal action can be taken for a legal claim. It establishes the maximum amount of time that can lapse between the occurrence of an event and filing a claim. In California, the statute of limitations to file a medical malpractice claim is three years.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

Are There Exceptions?

There are a few exceptions to the statute of limitations for medical malpractice cases in California. These exceptions include:

  • Delayed discovery:

If you did not discover the injury caused by medical negligence immediately, the statute of limitations may be extended. In such situations, the time limit starts from the date the harm is discovered or reasonably should have been discovered but should not exceed three years from the time of the actual injury.

  • Minors:

If the injured person is a minor (anyone below eighteen years), the three-year time limit is deferred until their 18th birthday. But this rule does not apply if the minor is under six years at the time of the malpractice.

  • Foreign objects:

If a surgeon leaves a foreign object, such as a surgical instrument, inside your body during the procedure, the statute of limitations is extended to one year from the date of discovery of the object.

Do I Need an Attorney to File a Medical Malpractice Lawsuit?

While you can pursue a medical malpractice claim without an attorney, it is highly recommended to have legal representation. A lawyer with experience in medical malpractice law can gather evidence, investigate the case, and develop solid arguments on your behalf. They can determine the best approach to maximize your likelihood of achieving a favorable outcome.

Contact The Law Office of Elliott Kanter Today

If you need help filing a medical malpractice claim in San Diego, The Law Office of Elliott Kanter can help. Call (619) 231-1883 to schedule an appointment with Elliott Kanter, our San Diego medical malpractice attorney, for legal assistance.

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