Anybody who has been injured due to the careless or negligent actions of a medical provider should be able to recover compensation for their losses. However, medical malpractice lawsuits are usually incredibly complicated, and victims should work with a skilled medical malpractice attorney in California to help with their case. At Mancini & Associates, our team wants to discuss the various statutes of limitation in place pertaining to medical malpractice cases. Failing to abide by statutory deadlines could result in medical mistake victims being unable to recover the compensation they need.
The statute of limitations for medical malpractice claims varies from state to state. These are time limits placed on a victim’s ability to file a lawsuit against an alleged negligent medical provider. These time limits are put in place because it would not make practical sense to allow someone to file a lawsuit for an indefinite amount of time after the injury occurs. However, in California, the medical malpractice statute of limitations is shorter than the statute of limitations in place for other personal injury claims.
In California, medical malpractice victims have one year from the time they discover that a mistake has been made to file a lawsuit against the alleged negligent party. The one-year clock starts ticking from the day a person discovers their injury or from when they should reasonably have discovered the injury through due diligence.
While the medical malpractice statute of limitations may be one year, there is also a statute of repose in place for these claims. In California, no medical malpractice claim can be filed more than three years after the date the injury occurred, regardless of when the victim discovers the injury. For example, if a person discovers the medical mistake caused them harm, but it has been four years since the mistake occurred, they will be unable to file a medical malpractice lawsuit to recover compensation.
There are exceptions to the statute of limitations and the statute of repose when it comes to minors who have been injured due to a medical error. Medical malpractice lawsuits on behalf of a minor must be commenced within three years from the date of the alleged malpractice. Lawsuits on behalf of a child under six must be filed within three years of the malpractice or prior to the child’s eighth birthday, whichever time frame is longer.
If you or somebody you care about has been injured due to the careless or negligent actions of a medical provider, contact an attorney today. At Mancini & Associates, our team is ready to investigate every aspect of your case so we can secure the compensation you deserve. This can include the following: