Legal Question in Elder Law in California
my mother was admitted to arcadia methodist hospital 2008 with a bed sore. while finding a vien for an iv the nurse broke her arm. they put ace bandage on it. sent her to foothill nursing in glendora ca. where it eventually the arm turned black with puss comming out.she was in constant pain. they over medicated her. she died of a heart attack 5 weeks later. they did nothing for her arm. do i have a case.do. then if i like the answer give me a local lawyer by duarte ca. 91010
1 Answer from Attorneys
Medical malpractice claims, which is what you are alleging, fall under the following rule:
"In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or ONE YEAR after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever OCCURS FIRST."
The death triggered the running of the statute. Unless the date of death was less than one year ago, the claim is now 'barred'.
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