Legal Question in Medical Malpractice in California
malpractice statute of limitations
10 years ago, my dentist caused infectious damage to brain, jaw, teeth throat by leaving materials in pockets where wisdom teeth were pulled. Surgeon clearly determined med. negligence by dentist. Just had mass surgery on all these parts @ 100 stitches, will lose half bottom row of teeth in 2 years. Discovered cause by dentist in recent past months. Do I have a case for one of or combination of permanent damage, pain & suffering, depression?
2 Answers from Attorneys
Re: malpractice statute of limitations
Yes, but just like with any malpractice type case, expert witness testimony is essential to the outcome of the matter, in or out of court. If you would like a free phone consultation, contact us directly today.
Re: malpractice statute of limitations
"...the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person."
That is the governing statute, meaning you are probably long since out of time, unless the "materials" left in the tooth sockets were surgical implements or similar items. Remnants of decay is not "materials".
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