Can I still file a medical malpractice for doctor/hospital error resulting from an incident that happened over 4 years ago?

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Can I still file a medical malpractice for doctor/hospital error resulting from an incident that happened over 4 years ago?

Resulted in allergic reactions to medication post surgery due to negligence. I live in CA.

Asked on January 7, 2012 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It may be too late to bring a medical malpractice claim. The normal statute of limitations in California, or time to sue, is three years from the date of the malpractice. Under certain circumstances, such as if the injury could not be detected until much later, you can get extra time; but if you knew or reasonably could have know of the problem shortly after the alleged malpractice, it would now be too late to take action.


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