Legal Question in Civil Litigation in California

No.

No you cannot. However you should consult a med mal lawyer to see if the case can be salvaged since the outer limit is 3 years.

No. Relation back applies to the date a complaint is filed. So if you file your first complaint after a limitations period has run out, you only get to relate back to that date and the period has still run. An example would be you file a complaint for breach of contract two years and 364 days after the breach. Then in discovery you find you have grounds for a fraud claim in connection with the breach too, but you had enough information to put you on notice of a potential fraud claim before you filed. You just didn't think there was enough evidence so you left it out. The 3-years for filing on fraud has run out, but you can file and amended complaint and claim "relation back" to the original filing of a complaint based on the same transaction. If you filed the initial complaint three years and one day after the event, you'd be out of luck on the fraud because it would only relate back to a date after the limitations had run.

I agree with Mr. Selik, Mr. Tasjian, and Mr. McCormick. There is another point I want to add to what they have said. Your question presumes that personal injury claims are distinct from medical malpractice claims. They are not. Usually a med mal claim is just a particular type of PI claim. Which label you choose won't matter. If your lawsuit is a med mal claim in substance then it is governed by the 1-year limit regardless of what you call it.

As Mr. Tashjian notes, there are cases in which a med mal claim can be brought more than a year after the injury. But how long after will depend upon the specifics. You should consult with a med mal lawyer right away to see if you still have time and, if you do, how much you have.

Good luck.