Prevention Supplements Mitigation

Statute of Limitations Medical Malpractice California

California’s statute of limitations for medical malpractice lawsuits can be found at California Code of Civil Procedure section 340.5, which states that this kind of case must be brought within one year after the plaintiff’s discovery process, or through the use of reasonable diligence should have discovered the injury,” or within three years of the date of the injury, whichever comes first.One exception to this overall three-year deadline is cases where a foreign object. such as a medical instrument. was left in the patient’s body. In those kinds of cases, the claimant’s year discovery deadline still applies but there is no overall time limit. A previous patient could bring this kind of case ten years or more after the surgical error occurred, as long as you file it within a year after you find out about the presence of the foreign object.It's important to take note of one more procedural steps that malpractice plaintiffs must jump through California Code of Civil Procedure section 364 entitles the defendant provider to at least 90 days notification of a patient's intent to file a malpractice lawsuit in the State of California.

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