Legal Question in Civil Litigation in California
statute of limitations for dental malpractice for a minor
2 Answers from Attorneys
Dental malpractice has a one year statute of limitation but that normally would not start to run for a minor until they reach age 18. But go t an attorney who specializes in this type of case to be sure and to be certain that you have a case worth suing for. Malpractice suits involve having several experts so they always have costs of at least $10,000+.
When claiming medical or dental malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. What may seem obvious to you and I is not necessarily a conclusion an expert will support. You are not supposed to file suit without having that expert opinion available. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose if your treating doctors say there is negligence but they won't testify. I can provide referrals and assistance if necessary. If you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit. For a minor, a year after turning 18. If serious about pursing this, feel free to contact me.