Can I file a claim if the incident happened over 3 years ago?

UPDATED: Oct 1, 2022

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Can I file a claim if the incident happened over 3 years ago?

I gave birth to my daughter in 2014 and it was the worse experience of my life.
one nurse almost dropped my baby from her bed in the PICU department. this
incident cause me to have a high BP to which I had to be sedated. Her
Pediatrician checked her head and he said she was ok. The next morning I walked
in her room and she had rolled down the bed somehow, she was about to fall. no
nurses where around. This experience cause a big amount of distress in my life
and the trauma is still very present in my life. when we were discharged the head
of the nurse department came in and apologized. No one ever bother to tell me my
rights as a patient and I was naive and never asked for a incident report. can I
still file a claim or is it too late?

Asked on February 27, 2018 under Malpractice Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, it is too late for you to file a lawsuit for negligence (medical malpractice is negligence) because the statute of limitations has tolled (expired).
The statute of limitations in CA for filing a lawsuit in a medical malpractice case is one year after the injured person discovers or through the use of reasonable diligence should have discovered the injury or within three years after the date on which the injury occurred or whichever (the one year or three year deadline) occurs first.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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