Legal Question in Criminal Law in California

Medical Malpractice

I'm considering filing a medical malpractice suit, and would like to know what the time limit is for filing that type of a suit.


Asked on 4/14/01, 5:41 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Medical Malpractice

The California Code of Civil Procedure (CCP) Section 340.5 sets 3 years from the act of negligence and one year from the date you discover it. The three years' limitation assumes you know about it when the medical service is performed negligently. The one year allows you to discover the negligence several years later and still recover for it. But the one year starts when you discover the negligence or 'should have discovered it.'

Then there is the 90-day letter to the medical provider to allow them to try and settle the matter. This is governed by CCP Section 364.

This is a civil matter and should be resubmitted to Law Guru as such.

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Answered on 6/08/01, 9:46 pm


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