What is the Statute of Limitations For Medical Malpractice Claim in California?
We need to know the statute of limitations for medical malpractice in California because we put a lot of faith into the hands of doctors and medical providers. Unfortunately, in far too many cases, medical professionals fail to live up to their responsibilities. Every year, tens of thousands of patients in California suffered harm due to medical negligence.
You can hold negligent doctors or hospitals liable through a medical malpractice lawsuit in California. There are strict deadlines for filing this type of claim. In this post, our Oakland medical malpractice attorneys provide a guide to the statute of limitations in California.
California Medical Malpractice Statute of Limitations
Under California law (Code of Civil Procedure § 340.5), most medical malpractice claims must be filed within one (1) year from the date the patient discovered or should have discovered their injuries. Further, most medical malpractice lawsuits are subject to an upper limit of three (3) years — meaning the claim must be filed within three (3) years of the date of the alleged malpractice, regardless of when discovery occurred.
If you or your loved one was the victim of malpractice, you should take immediate action. The sooner you consult with an experienced medical negligence attorney, the easier it will be to bring a successful claim. You do not want to run into problems from California’s statute of limitations.
Exceptions to California Medical Malpractice Statute of Limitations
There are several narrow, but important exceptions to California’s statute of limitations for medical malpractice lawsuits. You may have additional time to file a claim if your case fits into any of the following categories:
- Young Children: Unfortunately, young children may be the victim of malpractice. If a child was under the age of six (6) when the alleged malpractice occurred, a claim must be filed within three (3) years or by their eighth (8) birthday — whichever is longer.
- Foreign Objects Left Behind After Surgery: When doctors unintentionally leave behind foreign objects during surgery, it can cause serious harm to the patient. However, that harm may occur with a delayed onset. The statute of limitations in these cases is one (1) year after the date of discovery. There is no upper time limit. A claim can still be filed even if three (3) years have already passed.
- Fraud/Concealment by Health Care Provider: If a doctor or health care provider engaged in some form of fraud or misconduct to try to conceal medical malpractice, the statute of limitations may be tolled. A patient may have additional time to file a lawsuit.
California Medical Malpractice Frequently Asked Questions
What is medical malpractice?
Medical malpractice occurs when a healthcare professional provides substandard care that causes harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management.
How do I know if I have a medical malpractice case?
To determine if you have a case, consider whether the healthcare provider deviated from the standard of care, causing you harm. Consulting with a medical malpractice attorney can help you assess your situation.
What is the statute of limitations for filing a medical malpractice claim in California?
You generally have one year from the date you discovered or should have discovered, the injury to file a claim. For minors, the time limit is extended until their 8th birthday.
What damages can I recover in a medical malpractice claim?
You can recover economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering). In some cases, punitive damages may also be awarded.
Do I need a lawyer to file a medical malpractice claim?
While not required, it is highly recommended to consult with a medical malpractice attorney. They can help navigate the legal process, gather evidence, and negotiate with insurance companies.
What is the standard of care in medical malpractice cases?
The standard of care refers to the level and type of care that a reasonably competent healthcare professional, in a similar field and under similar circumstances, would provide.
How do I find a medical malpractice attorney?
You can search for attorneys through the State Bar of California’s Lawyer Referral Service, online directories, or personal recommendations.
What is the role of expert witnesses in a medical malpractice case?
Expert witnesses, usually other healthcare professionals, testify about the standard of care and whether it was breached in your case.
What is the process for filing a medical malpractice claim?
The process typically involves consulting with an attorney, gathering medical records, obtaining expert opinions, filing a complaint, and going through discovery and settlement negotiations or trial.
How much does it cost to file a medical malpractice claim?
Most medical malpractice attorneys work on a contingency fee basis, meaning they only get paid if you win the case. Their fees are usually a percentage of the settlement or award.
Speak to Our Bay Area Medical Malpractice Attorneys Today
At Bracamontes & Vlasak, our San Francisco and Oakland medical malpractice lawyers are aggressive, experienced advocates for victims and their families. If you have questions about the statute of limitations, we are available to help. To get a no-cost, no-commitment consultation, please contact our Bay Area medical malpractice law firm right away. We handle medical malpractice claims throughout the Bay Area, including in Oakland, Palo Alto, Mountain View, San Jose, and Daly City.
(Updated 12/9/2024)
