What is the statute of limitations for medical malpractice?

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What is the statute of limitations for medical malpractice?

Asked on March 22, 2013 under Malpractice Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A medical malpractice action in CA must be brought within 1 year from the date the claimant discovered the negligent act but no more than 3 years from the date of the injury. That having been said, regaring retained foreign body suits, the statute is "tolled" (i.e. temporarily stopped) until the claimant discovers or should have discovered the injury. Additionally, cases by or on behalf of minors must be brought within 3 years from the date of the negligence, unless the child is under the age of 6, in which case it must be be brought within 3 years or prior to the child’s 8th birthday, whichever provides a greater time period. 

However, this whole area has other considerations relating to the commencement of the limitations period, as well as just what acts are covered and by whom the negligence was committed. Therefore, if you think that you might have a legitimate malpractice claim, you should consult (and most such consultations are free) with an attorney who specializes in handling such cases.


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