Legal Question in Medical Malpractice in California

Re: medical malpractice

The statute of limitations for an action against a healthcare provider based upon negligence is contained in Code of Civil Procedure 340.5. As to minors it states, "Actions by a minor shall be commenced within three

years from the date of the alleged wrongful act except that actions

by a minor under the full age of six years shall be commenced within

three years or prior to his eighth birthday whichever provides a

longer period. Such time limitation shall be tolled for minors for

any period during which parent or guardian and defendant's insurer or

health care provider have committed fraud or collusion in the

failure to bring an action on behalf of the injured minor for

professional negligence."

This means that absent fraud or collusion by your legal guardian and the health care provider or his or her insurer, you are out of luck, since it has been no about 8 years.