Legal Question in Medical Malpractice in California

Might it be too late to sue?

This is a true story! About 10 yrs. back, I repeatedly returned to a ''doc in the box,'' pretty much begging for medication I desperately needed and he kept on refusing to prescribe it. The truth finally came out--he didn�t want to be bothered with continuously writing a prescription for someone who needed it for a long time! In a comprehensive legal guide I have, it says the statute of limitations doesn�t expire for as long as the person is ill, yet I�ve recently heard one must file within 1 year of the MD�s malpractice--even though the person may be too sick to do so! What�s the truth here? Thank you.


Asked on 10/11/02, 5:55 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Might it be too late to sue?

The statute of limitations rules related to medical malpractice are quite complex. If you suspect you have been injured by the malpractice (professional negligence) of a health care provider, you should consult an attorney regarding your potential claim. Such consultations are free and there is no reason for not getting one.

The first question of any medical malpractice assessment is "How were you injured?" Because of the need to use various expensive experts as consultants and witnesses in these types of cases, because fees are limited by statute and for other reasons as well, unless the injury is serious no competent attorney will take a med malpractice case.

If you wish us to consider your situation please call for an appointment in person or by phone.

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Answered on 10/11/02, 6:05 pm


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