Legal Question in Medical Malpractice in California
malpractice
can i sue a hospital in california after the 1 year statue of limitations has expired. although i was crippled when leaving the facility i felt that i would walk again. unfortunately this will not happen. do i have any recourse.
2 Answers from Attorneys
Re: malpractice
You can always sue. The question is: "Can I win?"
The answer is "No". It is one year from the date of discovery of the wrongful act.
Re: malpractice
You may have recourse. Have a med mal lawyer immediately give a 90 day notice of intent to sue to every doctor and hospital in sight, and get the records reviewed by a qualified expert to get an opinion.
Do it now since time is of the essence to protect the statute if it still can be protected. If the statute of limitations has not already run, the 90 day notice will extend the statute for 90 days.