Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

By: LawInfo
Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In California, a medical malpractice action for injury or death must be brought within three years of the date of injury or one year after the plaintiff discovers, or should reasonably have discovered the injury, whichever occurs first. In no event can the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body in the injured person.

Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the age of six years must be commenced within three years or prior to his eighth birthday whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant`s insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence.

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