Legal Question in Civil Litigation in California
My daughter died Feb 18, 2014 at that time she had two minor children I would like to file a law suit against the hospital who treated her or didn't treat her. can I still file a suit for wrongful death We live in Califorina
2 Answers from Attorneys
No. You are WAY past the limitations period for filing a medical malpractice action.
I would just add that Code of Civil Procedure section 340.5 provides, "Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant’s insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence." So, if one or both the minor children were under age six at the time, it still may not be too late for them.