Statute of Limitations on Medical Malpractice in California
Filing suit regarding medical malpractice in California must be done in accordance with the applicable statute of limitations. This refers to the time limit set in place in which a suit must be filed in order for the suit to maintain validity. While laws related to the statute of limitation may seem confusing, it is important to understand the timeline they create In California, a medical malpractice suit must be filed one year from the date that you knew or should have known about the injury, or three years from date on which the injury occurred. The earlier of the two dates applies in any given case. The safest standard to follow is the assumption that you have one year from when the malpractice was discovered. The court may also consider when, as a reasonable person, you should have known that malpractice was taking place. A patient, for instance, does not have to be told by a subsequent treating doctor that the previous doctor committed malpractice. If a reasonable person would suspect medical negligence, then the law assumes that the patient will take steps to investigate whether or not there has been malpractice. It is recommended that if there is any question as to whether or not a doctor has committed malpractice to you or a loved one that you contact an experienced medical malpractice attorney to discuss the matter. He will be able to look at the facts of your case and tell you number one, the statute of limitation runs, and number two, if you have a case and he can take the appropriate steps to protect the statute of limitations so your case is not barred by the statute of limitations. If you or a loved one have suffered from medical malpractice, and you'd like to speak to an experienced attorney, please contact the law firm of Corsiglia, McMahon & Allard for a consultation today at (408) 289-1417.