Legal Question in Legal Malpractice in California
My mother had an aneurysm in 1998, during her hospital stay , she was in dementia and had lost the use of her legs. She was in a hospital bed under restraints. She was moved to another hospital for physical therapy. The nurses were instructed not to release the restraints because she was unaware she couldn't walk. I had accompanied her to the new hospital and also informed the head nurse not to release the restraints. I left and when I got home , the hospital called me to inform the one of the nurses released the restraints and my mother got outs of bed and tried to walk to the bathroom. She immediately fell to the floor and broke her hip. My mother eventually regain control over her legs (6 months later) and was released. Now 15 years later, her hip is giving her a lot of mobility issues. Has the statue of limitations run out on any type of claim she could file? She lives in Sacramento, California. Thank You.
1 Answer from Attorneys
Yes, the statute ran long ago. She had one year from the injury to bring a claim.